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

Based on the information available in the context documents, it is not clear whether you can collect credit card information from participants in Utah. However, there are several requirements and prohibitions related to credit services organizations and the use of credit card information in Utah that you should be aware of.

  • A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not conduct any business regulated by this chapter without first securing a certificate of registration from the division and posting a bond, letter of credit, or certificate of deposit with the division in the amount of $100,000 [2.1].
  • A credit services organization may not charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer [2.1].
  • A credit services organization may not dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information [2.1].
  • A credit services organization may not charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public [2.1].
  • A credit services organization may not make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer’s creditworthiness, credit standing, or credit capacity [2.1].
  • A credit services organization may not make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization [2.1].
  • A credit services organization may not transact any business as a credit services organization, as defined in Section 13-21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J-1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2) [2.1].

Limitations on Information Contained in Receipts

  • A person that accepts a financial transaction card for the transaction of business may not, on a financial transaction card receipt, print more than the last five digits of the financial transaction card account number or print the financial transaction card expiration date [4.1].

Based on the above information, it is important to ensure that any collection of credit card information complies with the requirements and prohibitions related to credit services organizations and the limitations on information contained in receipts. Additionally, it is recommended that you consult with a legal professional to ensure that your specific situation complies with all applicable laws and regulations.

Please note that this response is based solely on the information available in the context documents and may not be a comprehensive answer to your question. If you require further assistance, please provide additional details about your specific situation.

Source(s):
Jurisdiction

Utah