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Can I collect debit card information from participants in North Carolina? What are the requirements?

Here is the answer to your query:

Collecting Debit Card Information in North Carolina

According to NCGS 14-113.24, a person who accepts credit, charge, or debit cards for the transaction of business shall not print more than five digits of the credit, charge, or debit card account number or the expiration date upon any receipt with the intent to provide the receipt to the cardholder at the point of sale. This section applies to a person who employs a cash register or other machine or device that electronically prints receipts for credit, charge, or debit card transactions. This section does not apply to a person whose sole means of recording a credit, charge, or debit card number for the transaction of business is by handwriting or by an imprint or copy of the credit, charge, or debit card. A person who violates this section commits an infraction as defined in G.S. 14-3.1 and is subject to a penalty of up to five hundred dollars ($500.00) per violation, not to exceed five hundred dollars ($500.00) in any calendar month or two thousand dollars ($2,000) in any calendar year [1.1].

Therefore, if you are collecting debit card information in North Carolina, you must ensure that you do not print more than five digits of the debit card account number or the expiration date on any receipt with the intent to provide the receipt to the cardholder at the point of sale. Failure to comply with this requirement may result in penalties.

Address Confidentiality Program

If you are collecting debit card information from participants who are victims of domestic violence, sexual offense, stalking, or human trafficking, they may be eligible for the Address Confidentiality Program in North Carolina. The program allows victims to use a substitute address designated by the Attorney General instead of their actual address for public records and mail. To participate in the program, the victim must file an application with the Attorney General with the assistance of an application assistant. The application must contain evidence that the victim is a victim of domestic violence, sexual offense, stalking, or human trafficking, and a statement by the victim that disclosure of the victim’s address would endanger the victim’s safety or the safety of the victim’s child. Upon certification, the Attorney General shall issue an Address Confidentiality Program authorization card to the program participant. The program participant, and not the Attorney General, is responsible for requesting that agencies of North Carolina use the address designated by the Attorney General as the substitute address of the program participant [2.1][2.3].

Criminal Factoring of Financial Transaction Card Records

It is illegal to employ or solicit an authorized merchant, or any agent or employee of such merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such merchant, his agent or employee, without the acquirer’s express authorization. Any person who violates this section commits a felony punishable as provided in G.S. 14-113.17(b) [6.1].

In conclusion, you can collect debit card information in North Carolina, but you must ensure that you comply with the requirements of NCGS 14-113.24. If you are collecting debit card information from victims of domestic violence, sexual offense, stalking, or human trafficking, they may be eligible for the Address Confidentiality Program. It is illegal to employ or solicit an authorized merchant, or any agent or employee of such merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such merchant, his agent or employee, without the acquirer’s express authorization [1.1][2.1][2.3][6.1].

Source(s):
Jurisdiction

North Carolina