Michigan Laws 600.2964 – Social security or credit card number on check as condition of acceptance; requirement prohibited; exceptions; prima facie evidence of identity; violation; penalty; “sale at retail” defined
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as provided in subsection (2), a person shall not require that a social security or credit card number be written on a check as a condition of acceptance of that check. As used in this section, “check” includes a draft, warrant, or any other instrument that authorizes the payment of money.
(2) This section does not prohibit any of the following:
Terms Used In Michigan Laws 600.2964
- Civil infraction: means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in section 8701, and is not a crime under that ordinance, and for which civil sanctions may be ordered. See Michigan Laws 600.113
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Personal property: All property that is not real property.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- State civil infraction: means a civil infraction involving either of the following:
(i) A violation of state law that is designated by statute as a state civil infraction. See Michigan Laws 600.113
(a) A credit granting institution from requiring its own account number to be recorded on a check.
(b) A governmental entity from requiring a person to record his or her social security number on a check made for a payment on a tax liability.
(c) A person that has agreed to accept a check from a credit card holder if the check is guaranteed by the credit card issuer from requiring the credit card number and the expiration date of the card to be recorded on the check.
(3) The following is prima facie evidence of the identity of the drawer of a check:
(a) The following drawer information if obtained from the drawer and recorded on the check:
(i) Name.
(ii) Address.
(iii) Home or work telephone number, if any.
(iv) Driver license number, state identification card number, or military identification card number.
(b) The signature of the drawer if witnessed and initialed by the person receiving the check.
(4) Except as provided in subsection (5), a person who violates this section is responsible for a state civil infraction punishable by a fine of not more than $500.00.
(5) In a sale at retail, it is the owner of the business that is liable for a violation under this section and is responsible for a state civil infraction punishable by a fine of not more than $500.00.
(6) As used in this section, “sale at retail” means a transaction by which ownership or leasing of tangible personal property is transferred or leased for consideration, if made in the ordinary course of business.