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

Based on the provided context documents, it is possible to collect credit card information from participants in West Virginia under certain circumstances.

Requirements for Collecting Credit Card Information in West Virginia

To collect credit card information in West Virginia, the following requirements must be met:

  1. The credit card or debit card must be approved by the Commissioner [2.2].
  2. The payment of taxes by credit card or debit card is voluntary on the part of the taxpayer [2.2].
  3. The Department may not impose any fee or charge on taxpayers making payment of taxes by credit card or debit card [2.4].
  4. The Department may not receive any part of any fees that may be charged [2.4].

Use and Disclosure of Information Relating to Payment of Taxes by Credit Card and Debit Card

Information obtained by any person other than the taxpayer in connection with payment of taxes by a credit card or debit card shall be treated as confidential, and is covered under the confidentiality provisions of W. Va. Code §11-10-5d, regardless whether the information is received from the Department or from any other person, including the taxpayer [2.1]. No person other than the taxpayer shall use or disclose the information except as follows:

  1. Card issuers, regulated financial corporations, or other persons participating in the credit card or debit card transaction may use or disclose the information for the purpose and in direct furtherance of servicing cardholder accounts, including the resolution of errors [2.1].
  2. Card issuers, regulated financial corporations or other persons participating in the credit card or debit card transaction may use and disclose the information only for the purpose and in direct furtherance of any of the following activities: assessment of statistical risk and profitability, transfer of receivables or accounts or any interest therein, audit of account information, compliance with Federal, State, or local law, and cooperation in properly authorized civil, criminal, or regulatory investigations by Federal, State, or local authorities [2.1].
  3. Use or disclosure of information relating to credit card and debit card transactions for purposes related to sale or exchange of the information separate from the underlying receivable or account, marketing for any purpose, or furnishing the information to any credit reporting agency or credit bureau, except with respect to the aggregate amount of a cardholder’s account, with the amount attributable to payment of taxes not separately identified is not authorized [2.1].

Conclusion

Based on the provided context documents, it is possible to collect credit card information from participants in West Virginia for the purpose of paying taxes. However, it is important to note that the payment of taxes by credit card or debit card is voluntary on the part of the taxpayer and the Department may not impose any fee or charge on taxpayers making payment of taxes by credit card or debit card. Information obtained in connection with payment of taxes by a credit card or debit card shall be treated as confidential, and may only be used or disclosed for specific purposes related to servicing cardholder accounts, assessment of statistical risk and profitability, transfer of receivables or accounts or any interest therein, audit of account information, compliance with Federal, State, or local law, and cooperation in properly authorized civil, criminal, or regulatory investigations by Federal, State, or local authorities.

Source(s):
Jurisdiction

West Virginia