N.Y. General Business Law 390-E*2 – Skimming awareness notice
* § 390-e. Skimming awareness notice. 1. For the purposes of this section, the following terms shall have the following meanings:
Terms Used In N.Y. General Business Law 390-E*2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) "electronic benefit transfer card" means any medical assistance card, payment access card pursuant to subdivision nine of § 131 of the social services law, or any other identification, authorization card or electronic access device issued by the state or a social services district as defined in subdivision seven of § 2 of the social services law by which a person may access their medical assistance, supplemental nutrition assistance program, or public assistance benefits under a local, state or federal program administered by the state, its political subdivisions or social services districts; and
(b) "skimming" shall be defined as obtaining a consumer's personal identifying information as defined in subdivision one of § 190.77 of the penal law through the use of a skimmer device as defined in subdivision two of § 190.85 of the penal law.
2. Notwithstanding any other law to the contrary, every person, firm, partnership, association or corporation who is engaged in a sales transaction and accepts electronic benefit transfer cards shall place a sign at the point of sale containing a notice regarding skimming. Such sign shall include: (a) a link to a web page maintained by the office of temporary and disability assistance with information for victims of electronic benefit transfer scams, including, but not limited to, skimming; (b) steps customers can take to protect themselves from skimming; (c) an appropriate contact number as determined by the office of temporary and disability assistance to report that an electronic benefit transfer card was compromised and to disable and request a new electronic benefit transfer card; and (d) a request to notify law enforcement if a skimmer device appears to be in use. The office of temporary and disability assistance shall make available on its website a model sign as required by subdivision six of § 152-d of the social services law that such establishments may use to comply with the provisions of this section.
3. (a) Any person, firm, partnership, association or corporation who fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale which lacks the notice required pursuant to subdivision two of this section for the second and each separate subsequent offense.
(b) If the notice required pursuant to subdivision two of this section has been provided and such notice is subsequently removed, damaged, or altered by any person other than the person or entities required to provide such notice, such person or entities shall have no liability for a failure to comply with subdivision two of this section as long as such notice is replaced within ten business days from such person or entities becoming aware of the defect.
* NB There are 2 § 390-e's