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Can I collect debit card information from participants in North Dakota? What are the requirements?
Requirements for collecting debit card information in North Dakota
Based on the information provided in the context documents, you can collect debit card information from participants in North Dakota subject to certain requirements.
According to NDAC Section 72-05-01-07, a credit or debit card account acceptable to the state agency may be used to pay for filing fees on facsimile filings made directly to a state agency. The transmission cover sheet for these filings must include the credit or debit card account number to which the fee is to be charged, the signature of the cardholder authorizing the charging of the fees, and the expiration date of the credit or debit card.
Therefore, if you are collecting debit card information for the purpose of paying filing fees to a state agency in North Dakota, you must ensure that the transmission cover sheet includes the required information.
It is important to note that this requirement only applies to facsimile filings made directly to a state agency. If you are collecting debit card information for any other purpose, you should consult with a legal professional to ensure that you are complying with all applicable laws and regulations.
Exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information
NDAC Section 45-14-01-16 outlines exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information. This section provides exceptions to authorization requirements for disclosing nonpublic personal financial information, including the disclosure of necessary customer information in the preparation, examination, handling, or maintenance of any customer information by any officer, employee, or agent of a financial institution having custody of such information or in the examination of such necessary information by an accountant engaged by the financial institution to perform an audit.
However, it is important to note that this section does not specifically address the collection of debit card information from participants in North Dakota. Therefore, if you are collecting debit card information for any purpose other than paying filing fees to a state agency, you should consult with a legal professional to ensure that you are complying with all applicable laws and regulations.
Limits on sharing account number information for marketing purposes
NDAC Section 45-14-01-13 outlines limits on sharing account number information for marketing purposes. This section prohibits a licensee from disclosing, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. However, this section does not specifically address the collection of debit card information from participants in North Dakota.
Conclusion
Based on the information provided in the context documents, you can collect debit card information from participants in North Dakota for the purpose of paying filing fees to a state agency, subject to the requirements outlined in NDAC Section 72-05-01-07. If you are collecting debit card information for any other purpose, you should consult with a legal professional to ensure that you are complying with all applicable laws and regulations. NDAC Section 45-14-01-16 provides exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information, but it does not specifically address the collection of debit card information. NDAC Section 45-14-01-13 outlines limits on sharing account number information for marketing purposes, but it also does not specifically address the collection of debit card information.
Jurisdiction
North Dakota