Can I collect credit card information from participants in Hawaii? What are the requirements?

Requirements for Collecting Credit Card Information in Hawaii

To collect credit card information from participants in Hawaii, you must obtain their express written permission and ensure that the information is not shared with any third party without the permission of the issuer and the cardholders ^[1.1]. Additionally, any encoding, altering, erasing, adding, creating, tampering with, or manipulating of credit card numbers is considered fraudulent and is a class B felony ^[1.3]. Any person authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, who, with intent to defraud the issuer or cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked commits the offense of credit card fraud by a provider of goods or services, which is a class C felony ^[1.5].

Prohibitions on Collecting Credit Card Information in Hawaii

It is unlawful for any person, business, corporation, partnership, or other agency to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to any third party without the express written permission of the issuer and the cardholders ^[1.1]. Therefore, collecting credit card information from participants in Hawaii without their express written permission and sharing it with a third party is prohibited by law.

Penalties for Fraudulent Use of Credit Cards in Hawaii

Fraudulent use of a credit card is a class C felony if the value of all money, goods, services, and other things of value obtained or attempted to be obtained exceeds $300 in any six-month period. For purposes of this section, each separate use of a credit card that exceeds $300 constitutes a separate offense ^[1.2]. Possession of unauthorized credit card machinery or incomplete cards is a class C felony ^[1.4]. Making a false statement to procure issuance of a credit card is a misdemeanor ^[1.6].

Retail Merchant Club Cards Requirements

If you are a club card issuer, you may not request in a club card application, or require as a condition of obtaining a club card, that the applicant provide any personal information except name, address, and telephone number. If the club card issuer requires a unique identifier to confirm the identity of the applicant, the club card issuer may ask for the last four digits of the applicant’s social security number. No club card issuer may sell or share a cardholder’s name, address, telephone number, or any personal information to any unaffiliated third party except as permitted in this subsection ^[3.1].

Therefore, to collect credit card information from participants in Hawaii, you must obtain their express written permission and ensure that the information is not shared with any third party without the permission of the issuer and the cardholders. Any fraudulent use of credit cards is punishable by law, and club card issuers must comply with specific requirements when collecting personal information.

Source(s):

• [1.1] Credit card lists prohibited; penalty.
• [1.2] Fraudulent use of a credit card.
• [1.3] Fraudulent encoding of a credit card.
• [1.4] Possession of unauthorized credit card machinery or incomplete cards.
• [1.5] Credit card fraud by a provider of goods or services.
• [1.6] Making a false statement to procure issuance of a credit card.
• [3.1] Retail merchant club cards; requirements

Jurisdiction

Hawaii

• Privacy