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House Study Bill 207

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  546A.1  SHORT TITLE.
  1  2    This chapter shall be known and may be cited as the "Iowa
  1  3 Financial and Health Information Privacy Protection Act".
  1  4    Sec. 2.  NEW SECTION.  546A.2   STATEMENT OF PURPOSE.
  1  5    It is the purpose of this chapter to provide persons with
  1  6 privacy protection concerning their financial and health
  1  7 information.  Regarding financial information, it is the
  1  8 purpose of this chapter to afford persons greater privacy
  1  9 protection regarding their rights to opt out of information
  1 10 sharing than that provided in 15 U.S.C. } 6801 et seq., part
  1 11 of Pub. L. No. 106-102, the federal Gramm-Leach-Bliley Act,
  1 12 and that purpose.
  1 13    Sec. 3.  NEW SECTION.  546A.3  DEFINITIONS.
  1 14    1.  "Affiliate" means any company that controls, is
  1 15 controlled by, or is under common control with another
  1 16 company.
  1 17    2.  "Clear and conspicuous" means that notice is reasonably
  1 18 understandable and designed to call attention to the nature
  1 19 and significance of the information in the notice.
  1 20    3.  "Consumer" means an individual who obtains or has
  1 21 obtained a financial product or service from a financial
  1 22 institution that is to be used primarily for personal, family,
  1 23 or household purposes, or that individual's legal
  1 24 representative.
  1 25    4.  "Consumer report" means any written or other form of
  1 26 communication of any information by a consumer reporting
  1 27 agency bearing on a consumer's creditworthiness, credit
  1 28 standing, or credit capacity which is used or intended to be
  1 29 used or collected, in whole or in part, for the purpose of
  1 30 serving as a factor in establishing the consumer's eligibility
  1 31 for either of the following:
  1 32    a.  Credit or insurance to be used primarily for personal,
  1 33 family, or household purposes.
  1 34    b.  Employment.
  1 35    5.  "Consumer reporting agency" means any person that, for
  2  1 monetary fees, dues, or on a cooperative nonprofit basis,
  2  2 regularly engages, in whole or in part, in the practice of
  2  3 assembling or evaluating consumer credit information or other
  2  4 information pertaining to consumers for the purpose of
  2  5 furnishing consumer reports to third parties.
  2  6    6.  "Customer" means a consumer who has a customer
  2  7 relationship with a financial institution.
  2  8    7.  "Customer relationship" means a continuing relationship
  2  9 between a consumer and a financial institution under which the
  2 10 financial institution provides one or more financial products
  2 11 or services to the consumer to be used primarily for personal,
  2 12 family, or household purposes.
  2 13    8.  "Express, written consent" means the affirmative
  2 14 statement in writing from a person that the person
  2 15 unequivocally agrees to the disclosure of the person's
  2 16 individually identifiable health information for marketing
  2 17 purposes.  "Express, written consent" does not include the
  2 18 failure of a person to respond to a notice that the person's
  2 19 individually identifiable health information will be disclosed
  2 20 for marketing purposes unless the person provides notice that
  2 21 the person declines to have the person's individually
  2 22 identifiable health information disclosed.
  2 23    9.  "Financial institution" means any institution
  2 24 significantly engaged in financial activities as a business as
  2 25 described in 12 U.S.C. } 1843(k), also known as the federal
  2 26 Bank Holding Company Act of 1956.
  2 27    10.  "Financial product or service" means any product or
  2 28 service that a financial holding company could offer by
  2 29 engaging in a financial activity under 12 U.S.C. } 1843(k),
  2 30 also known as the federal Bank Holding Company Act of 1956.
  2 31    11.  "Individually identifiable health information" means
  2 32 the same as defined in 45 C.F.R. } 164.501.
  2 33    12.  "Marketing" means as defined in 45 C.F.R. } 164.501.
  2 34    13.  "Nonpublic personal financial information" means
  2 35 personally identifiable financial information provided by a
  3  1 consumer to a financial institution resulting from any
  3  2 transaction between the financial institution and the consumer
  3  3 or service performed by the financial institution for the
  3  4 consumer, or that is otherwise obtained by the financial
  3  5 institution.  "Nonpublic personal financial information"
  3  6 includes any list, description, or other grouping of consumers
  3  7 that is derived using any personally identifiable financial
  3  8 information that is not publicly available, including publicly
  3  9 available information pertaining to them, but does not include
  3 10 any list, description, or other grouping of consumers that is
  3 11 derived without using any nonpublic information.
  3 12    14.  "Person" means any natural person or the person's
  3 13 legal representative, partnership, domestic or foreign
  3 14 corporation, company, trust, business entity or association,
  3 15 and any agent, employee, salesperson, partner, officer,
  3 16 director, member, stockholder, associate, trustee or cestui
  3 17 que trust of the person.
  3 18    15.  "Personally identifiable financial information" means
  3 19 any of the following information:
  3 20    a.  Information that a consumer provides to a financial
  3 21 institution to obtain a financial product or service from the
  3 22 financial institution.
  3 23    b.  Information about a consumer resulting from any
  3 24 transaction involving a financial product or service between a
  3 25 financial institution and a consumer.
  3 26    c.  Information a financial institution otherwise obtains
  3 27 about a consumer in connection with providing a financial
  3 28 product or service to that consumer.
  3 29    16.  "Publicly available" means information that is
  3 30 generally available to the public through lawful means but
  3 31 does not include any list of individuals' names and addresses
  3 32 that is derived, in whole or in part, using personally
  3 33 identifiable financial information that is not publicly
  3 34 available or that is disclosed in a manner that indicates that
  3 35 any of the individuals on the list is a consumer of a
  4  1 financial institution.
  4  2    17.  "Unaffiliated third party" means any person except any
  4  3 affiliate of a financial institution or any person employed
  4  4 jointly by a financial institution and any company that is not
  4  5 an affiliate of the financial institution.
  4  6    Sec. 4.  NEW SECTION.  546A.4  FINANCIAL PRIVACY OPT-OUT
  4  7 FORM REQUIRED.
  4  8    1.  A financial institution that is required under 15
  4  9 U.S.C. } 6802 to provide notice to a consumer of the
  4 10 consumer's right to require the financial institution to cease
  4 11 sharing the consumer's nonpublic personal financial
  4 12 information with unaffiliated third parties shall accept as
  4 13 the consumer's notification that the consumer wishes to opt
  4 14 out of such information sharing a completed copy of the
  4 15 financial privacy opt-out form set forth in section 546A.5.  A
  4 16 financial institution receiving a completed financial privacy
  4 17 opt-out form as set forth in section 545A.5 from a consumer
  4 18 must cease sharing the consumer's nonpublic personal financial
  4 19 information with unaffiliated third parties, except as
  4 20 permitted by 15 U.S.C. } 6802, until the financial institution
  4 21 receives an affirmative statement in writing containing the
  4 22 consumer's signature and stating unambiguously that the
  4 23 consumer specifically rescinds the consumer's decision to opt
  4 24 out.
  4 25    2.  A financial institution subject to this section shall
  4 26 include in all privacy notices that it is required to provide
  4 27 consumers pursuant to 15 U.S.C. } 6802 a clear and conspicuous
  4 28 disclosure of the availability of the financial privacy opt-
  4 29 out form set forth in section 546A.5.  The financial
  4 30 institution shall provide the financial privacy opt-out form
  4 31 set forth in section 546A.5 to each consumer who requests the
  4 32 financial privacy opt-out form in the manner requested by the
  4 33 consumer, including but not limited to United States mail,
  4 34 electronic mail, and via a clear and conspicuous posting on a
  4 35 page of the financial institution's internet web site, and the
  5  1 financial institution shall not impose any monetary fee upon
  5  2 the consumer for the provision to or acceptance from the
  5  3 consumer of the financial privacy opt-out form.
  5  4    Sec. 5.  NEW SECTION.  546A.5  FINANCIAL PRIVACY OPT-OUT
  5  5 FORM.
  5  6    The use of a financial privacy opt-out form in the
  5  7 following format, or in a substantially similar format, with
  5  8 all required text in at least ten point, bold-faced type,
  5  9 shall satisfy the requirements of section 546A.4:  
  5 10                FINANCIAL PRIVACY PROTECTION FORM
  5 11    I hereby notify this financial institution that I prohibit
  5 12 this financial institution from sharing my nonpublic personal
  5 13 financial information with unaffiliated third parties except
  5 14 as you are specifically permitted to do pursuant to federal
  5 15 law.  
  5 16    My account number with the financial institution:  ___________
  5 17    My printed name:  ____________________________________________
  5 18    My signature:  _______________________________________________
  5 19    Today's date:  _______________________________________________
  5 20    Sec. 6.  NEW SECTION.  546A.6  HEALTH INFORMATION PRIVACY
  5 21 PROTECTION.
  5 22    A person shall not disclose another person's individually
  5 23 identifiable health information for marketing purposes without
  5 24 the person's express, written consent to disclosure of the
  5 25 person's individually identifiable health information for
  5 26 marketing purposes.
  5 27    Sec. 7.  NEW SECTION.  546A.7  PROVISION OF CONSUMER
  5 28 REPORTS.
  5 29    1.  A consumer reporting agency that compiles and maintains
  5 30 files on consumers on a nationwide basis shall furnish to any
  5 31 consumer who has provided appropriate verification of the
  5 32 consumer's identity two complete consumer reports per calendar
  5 33 year, upon request and without charge to the consumer.
  5 34    2.  The reports required under this section must be
  5 35 provided by the consumer reporting agency to a requesting
  6  1 consumer within ten calendar days of the consumer reporting
  6  2 agency's receipt of the consumer's request.
  6  3    Sec. 8.  NEW SECTION.  546A.8  PRIVATE RIGHT OF ACTION.
  6  4    1.  In addition to any other remedies, a consumer who is
  6  5 injured due to a violation of this chapter by a financial
  6  6 institution shall have a cause of action against the financial
  6  7 institution for all of the following:
  6  8    a.  The greater of actual monetary damages or five hundred
  6  9 dollars.
  6 10    b.  Permanent injunctive relief against further violations.
  6 11    c.  Reasonable attorney fees and court costs.
  6 12    2.  In addition to any other remedies, a person who is
  6 13 injured due to a violation of section 546A.6 by another person
  6 14 shall have a cause of action against the other person to
  6 15 obtain all of the following:
  6 16    a.  The greater of actual monetary damages or five hundred
  6 17 dollars.
  6 18    b.  Permanent injunctive relief against further violations.
  6 19    c.  Reasonable attorney fees and court costs.
  6 20    3.  In addition to any other remedies, a consumer who
  6 21 requests and is not provided a consumer report pursuant to
  6 22 section 546A.7 shall have a cause of action against the
  6 23 consumer reporting agency that fails to provide the requested
  6 24 report within ten calendar days of the receipt of the request
  6 25 to obtain both of the following:
  6 26    a.  The greater of actual monetary damages or two hundred
  6 27 fifty dollars.
  6 28    b.  Reasonable attorney fees and court costs.
  6 29    4.  Reimbursement awarded to the attorney general pursuant
  6 30 to section 714.16, subsection 7, on behalf of a plaintiff who
  6 31 has filed an action pursuant to this section concerning the
  6 32 same set of facts, shall be deducted from any damages awarded
  6 33 to the plaintiff in an action filed under this section.
  6 34    Sec. 9.  NEW SECTION.  546A.9  CIVIL ENFORCEMENT.
  6 35    A violation of this chapter is an unlawful practice
  7  1 pursuant to section 714.16 and the attorney general shall have
  7  2 all the powers conferred on the attorney general pursuant to
  7  3 section 714.16 to enforce this chapter, including but not
  7  4 limited to the power to adopt rules that have the force and
  7  5 effect of law, to serve investigative subpoenas and file
  7  6 actions to enforce compliance with them, and to file actions
  7  7 to obtain reimbursement for consumers and other persons who
  7  8 suffer monetary loss due to a violation of this chapter,
  7  9 preliminary and permanent injunctive relief, civil penalties,
  7 10 and costs and attorney fees for the state.
  7 11    Sec. 10.  Section 321.189, subsection 2, paragraph c, Code
  7 12 2003, is amended to read as follows:
  7 13    c.  The department shall assign an applicant for a driver's
  7 14 license a distinguishing driver's license number other than
  7 15 the applicant's social security number, unless the applicant
  7 16 requests that the applicant's social security number be so
  7 17 assigned.
  7 18    Sec. 11.  Section 537.8101, Code 2003, is amended to read
  7 19 as follows:
  7 20    537.8101  PROVISION OF CREDIT CARD OR DEBIT CARD NUMBER AS
  7 21 CONDITION OF CHECK CASHING OR ACCEPTANCE PROHIBITED.
  7 22    1.  PROVISION OF CREDIT CARD OR DEBIT CARD NUMBER OR
  7 23 EXPIRATION DATE NOT REQUIRED.  A person shall not require as a
  7 24 condition of acceptance of a check or share draft, or as a
  7 25 means of identification, that the person presenting the check
  7 26 provide a credit card or debit card number or expiration date,
  7 27 or both.
  7 28    2.  RECORDING OF CREDIT CARD OR DEBIT CARD NUMBER OR
  7 29 EXPIRATION DATE, SIMPLE MISDEMEANOR.  Recording a credit card
  7 30 or debit card number or expiration date, or both, in
  7 31 connection with a sale of goods or services in which the
  7 32 purchaser pays by check or share draft, or in connection with
  7 33 the acceptance of a check or share draft, is a simple
  7 34 misdemeanor.
  7 35    3.  DISPLAY WITHOUT RECORDATION PERMISSIBLE CONDITION.
  8  1 This section does not prohibit a person from requesting a
  8  2 purchaser to display a credit card or debit card as indicia of
  8  3 credit worthiness and financial responsibility or as
  8  4 additional identification, but the only information concerning
  8  5 a credit card which may be recorded is the type of credit card
  8  6 so displayed and the issuer of the credit card.  This section
  8  7 does not require acceptance of a check or share draft whether
  8  8 or not a credit card is presented.
  8  9    4.  PROVISION OF CREDIT CARD OR DEBIT CARD NUMBER OR
  8 10 EXPIRATION DATE IN LIEU OF DEPOSIT.  This section does not
  8 11 prohibit a person from requesting or receiving a credit card
  8 12 or debit card number or expiration date and recording the
  8 13 number or date, or both in lieu of a deposit to secure payment
  8 14 in event of default, loss, damage, or other occurrence.
  8 15    Sec. 12.  NEW SECTION.  537.8102  RECORDING OF FULL CREDIT
  8 16 CARD OR DEBIT CARD NUMBERS ON RETAIL SALES RECEIPTS
  8 17 PROHIBITED.
  8 18    1.  DEFINITIONS.  As used in this section, unless the
  8 19 context otherwise requires:
  8 20    a.  "Merchandise" means as defined in section 714.16,
  8 21 subsection 1.
  8 22    b.  "Person" means as defined in section 714.16, subsection
  8 23 1.
  8 24    2.  A person that accepts credit cards or debit cards in
  8 25 connection with the sale of merchandise shall not print either
  8 26 of the following on a credit card, debit card, or other sales
  8 27 receipt issued to the cardholder:
  8 28    a.  More than the last five digits of the credit card or
  8 29 debit card account number.
  8 30    b.  The credit card or debit card expiration date.
  8 31    3.  This section shall apply only to receipts that are
  8 32 electronically printed and shall not apply to transactions in
  8 33 which the sole means of recording the credit card or debit
  8 34 card number is by handwriting or by an imprint or copy of the
  8 35 credit card or debit card.
  9  1    4.  UNLAWFUL PRACTICE.  A violation of section 537.8101 or
  9  2 537.8102 is an unlawful practice pursuant to section 714.16,
  9  3 subsection 2, paragraph "a", and the attorney general shall
  9  4 have all the powers conferred on the attorney general pursuant
  9  5 to section 714.16 to enforce sections 537.8101 and 537.8102,
  9  6 including but not limited to the power to adopt rules that
  9  7 have the force and effect of law, to serve investigative
  9  8 subpoenas and file actions to enforce compliance with them,
  9  9 and to obtain reimbursement for consumers and other persons
  9 10 who suffer monetary loss due to a violation of section
  9 11 537.8101 or 537.8102, preliminary and permanent injunctive
  9 12 relief, civil penalties, and costs and attorney fees for the
  9 13 state.
  9 14    5.  PRIVATE CAUSE OF ACTION.  In addition to any other
  9 15 remedies, a person whose credit card or debit card number is
  9 16 subject to a violation of section 537.8101 or this section
  9 17 shall have a cause of action to obtain both of the following:
  9 18    a.  The greater of actual monetary damages or two hundred
  9 19 fifty dollars.
  9 20    b.  Reasonable attorney fees and court costs.
  9 21    Reimbursement awarded to the attorney general pursuant to
  9 22 section 714.16, subsection 7, on behalf of a plaintiff who has
  9 23 filed an action pursuant to this subsection concerning the
  9 24 same set of facts, shall be deducted from any damages awarded
  9 25 to the plaintiff in an action filed under this subsection.
  9 26    Sec. 13.  Section 714.16, subsection 2, Code 2003, is
  9 27 amended by adding the following paragraphs:
  9 28    NEW PARAGRAPH.  o.  A violation of chapter 546A, regarding
  9 29 personal financial or health information, is an unlawful
  9 30 practice.
  9 31    NEW PARAGRAPH.  p.  A violation of section 537.8101 or
  9 32 537.8102, regarding the recording of credit or debit card
  9 33 numbers on checks or retail sales receipts, is an unlawful
  9 34 practice.
  9 35    NEW PARAGRAPH.  q.  A violation of section 714.27,
 10  1 regarding the federal Children's Online Privacy Protection
 10  2 Act, is an unlawful practice.
 10  3    Sec. 14.  NEW SECTION.  714.27  CHILDREN'S ONLINE PRIVACY
 10  4 PROTECTION ACT VIOLATIONS.
 10  5    1.  DEFINITIONS.  As provided in this section, unless the
 10  6 context otherwise requires:
 10  7    a.  "Merchandise" means as defined in section 714.16,
 10  8 subsection 1.
 10  9    b.  "Person" means as defined in section 714.16, subsection
 10 10 1.
 10 11    2.  UNLAWFUL PRACTICE.  A violation of 15 U.S.C. } 6501 et
 10 12 seq., also known as the federal Children's Online Privacy
 10 13 Protection Act, or its implementing regulations at 16 C.F.R. }
 10 14 312, is an unlawful practice pursuant to section 714.16,
 10 15 subsection 2, paragraph "a", and the attorney general shall
 10 16 have all the powers conferred on the attorney general pursuant
 10 17 to section 714.16 to enforce this section, including but not
 10 18 limited to the power to adopt rules that have the force and
 10 19 effect of law, to serve investigative subpoenas and file
 10 20 actions to enforce compliance with them, and to obtain
 10 21 reimbursement for consumers and other persons who suffered
 10 22 monetary loss due to a violation of this section, preliminary
 10 23 and permanent injunctive relief, civil penalties, and costs
 10 24 and attorney fees for the state.
 10 25    3.  PRIVATE REMEDIES.  In addition to any other remedy, a
 10 26 parent of a child subjected to an unlawful practice pursuant
 10 27 to this section may bring an action against a person who
 10 28 commits the unlawful practice to recover from the person all
 10 29 of the following:
 10 30    a.  The amount of the monetary loss caused by the
 10 31 violation, or two hundred fifty dollars, whichever is greater.
 10 32    b.  Five hundred dollars or twice the amount of actual
 10 33 damages, whichever is greater, if the plaintiff prevails in
 10 34 the action and the court finds that the unlawful practice was
 10 35 an intentional violation of this section.
 11  1    c.  Costs and reasonable attorney fees.
 11  2    Reimbursement awarded to the attorney general pursuant to
 11  3 section 714.16, subsection 7, on behalf of a plaintiff who has
 11  4 filed an action pursuant to this subsection concerning the
 11  5 same set of facts shall be deducted from any damages awarded
 11  6 to the plaintiff in an action filed under this subsection.
 11  7    Sec. 15.  EFFECTIVE DATES AND APPLICABILITY.
 11  8    1.  Sections 6, 8, 9, 10, 11, 13, and 14 of this Act take
 11  9 effect July 1, 2003.
 11 10    2.  Sections 1 through 5, and section 7 of this Act take
 11 11 effect January 1, 2004.
 11 12    3.  Section 12 of this Act takes effect July 1, 2004, and
 11 13 applies as follows:
 11 14    a.  On July 1, 2004, to any cash register or other machine
 11 15 or device that electronically prints receipts for credit card
 11 16 or debit card transactions and is placed into service on or
 11 17 after July 1, 2004.
 11 18    b.  On July 1, 2005, to any cash register or other machine
 11 19 or device that electronically prints receipts for credit card
 11 20 or debit card transactions and is placed into service prior to
 11 21 July 1, 2004.  
 11 22                           EXPLANATION
 11 23    This bill addresses consumer laws pertaining to private
 11 24 personal individual health and financial information.
 11 25    The bill creates a new Code chapter regarding privacy
 11 26 rights for financial and health information.
 11 27    New Code section 546A.2 states that the purpose of the new
 11 28 Code chapter is to provide greater privacy protection than
 11 29 provided under federal law in the Gramm-Leach-Bliley Act,
 11 30 which, among other issues, addresses privacy issues for
 11 31 certain financial information.
 11 32    New Code section 546A.3 provides definitions for terms such
 11 33 as "affiliate", "consumer", "customer", "financial
 11 34 institution", "financial product or service", "individually
 11 35 identifiable health information", "nonpublic personal
 12  1 financial information", "personally identifiable financial
 12  2 information", "publicly available", and "unaffiliated third
 12  3 party".
 12  4    New Code section 546A.4 provides that a financial
 12  5 institution must provide in all privacy notices the clear and
 12  6 conspicuous disclosure of the availability of a privacy opt-
 12  7 out form from the institution.  A financial institution must
 12  8 honor the decision of a consumer who opts out of sharing the
 12  9 consumer's nonpublic personal financial information until the
 12 10 consumer affirmatively rescinds the consumer's decision to opt
 12 11 out.
 12 12    New Code section 546A.5 provides an opt-out form for
 12 13 financial privacy that will satisfy the requirements of new
 12 14 Code section 546A.4.
 12 15    New Code section 546A.6 provides that a person shall not
 12 16 disclose another person's individually identifiable health
 12 17 information for marketing purposes without express, written
 12 18 consent to disclosure of the person's individually
 12 19 identifiable health information for marketing purposes.
 12 20    New Code section 546A.7 provides that a nationwide consumer
 12 21 reporting agency must, upon request, furnish a consumer with
 12 22 two complete consumer reports each calendar year, within 10
 12 23 days of receiving the request.
 12 24    New Code section 546A.8 provides that a consumer injured by
 12 25 a financial institution shall have a cause of action for the
 12 26 greater of monetary damages or $500, permanent injunctive
 12 27 relief, and reasonable attorney fees and costs.  A person who
 12 28 is injured due to a violation of new Code section 546A.6,
 12 29 regarding health information, shall have the same remedies.  A
 12 30 person who requests a copy of a credit report and doesn't
 12 31 receive one within 10 days has a cause of action for the
 12 32 greater of $250 or actual damages, as well as attorney fees
 12 33 and costs.
 12 34    New Code section 546A.9 provides that a violation of the
 12 35 Code chapter is an unlawful practice pursuant to Code section
 13  1 714.16, and that the attorney general shall have the consumer
 13  2 fraud remedies available under that statute.  An amendment is
 13  3 also made to Code section 714.16 expressly to reference
 13  4 violations of Code chapter 546A as unfair practices.
 13  5    The new chapter is effective January 1, 2004, except for
 13  6 Code section 546A.6, pertaining to disclosure of health
 13  7 information for marketing purposes, and Code sections 546A.8
 13  8 and 546A.9, relating to a consumer's private right of action,
 13  9 and civil enforcement by the attorney general.  These three
 13 10 sections take effect July 1, 2003.
 13 11    The bill requires the state department of transportation to
 13 12 use a number other than an individual's social security number
 13 13 as the individual's driver's license number, and eliminates
 13 14 the option in Code section 321.189 for a driver's license
 13 15 applicant to request the use of the applicant's social
 13 16 security number as the driver's license number.  This
 13 17 provision is effective July 1, 2003.
 13 18    The bill amends Code section 537.8101 to prohibit the
 13 19 request of debit card numbers or expiration dates, in addition
 13 20 to the current prohibition on credit card numbers and
 13 21 expiration dates, as a condition for acceptance of a check or
 13 22 for identification.  Violations of Code section 537.8101 are a
 13 23 simple misdemeanor.  A simple misdemeanor is punishable by
 13 24 confinement for no more than 30 days or a fine of at least $50
 13 25 but not more than $500 or by both.  This provision is
 13 26 effective July 1, 2003.
 13 27    The bill also adds new Code section 537.8102, which
 13 28 prohibits electronically printing the expiration date or more
 13 29 than the last five digits of the credit or debit card number
 13 30 on a sales receipt.  Violations of the new Code section and
 13 31 Code section 537.8101 are deemed unlawful practices pursuant
 13 32 to Code section 714.16, which may be remedied by the attorney
 13 33 general.  A person injured under new Code section 537.8102 may
 13 34 also pursue a private cause of action for the greater of $250
 13 35 or actual damages, and attorney fees and costs.  This
 14  1 provision is not effective until July 1, 2004, and applies to
 14  2 certain electronic machines in 2004, and to other electronic
 14  3 machines in 2005.
 14  4    The bill also adds new Code section 714.27 for violations
 14  5 of the federal Children's Online Privacy Protection Act
 14  6 (COPPA).  A violation of COPPA or the related federal
 14  7 regulations is an unlawful practice under Code section 714.16,
 14  8 which may be remedied by the attorney general.  In addition, a
 14  9 parent of a child who is the subject of a COPPA violation may
 14 10 bring a private action for the greater of $250 or actual
 14 11 damages, costs, and reasonable attorney fees.  If the parent
 14 12 prevails and the court finds the COPPA violation was
 14 13 intentional, the recovery is increased to the greater of $500
 14 14 or actual damages.  This provision is effective July 1, 2003.  
 14 15 LSB 1238DP 80
 14 16 jj/pj/5.1
     

Text: HSB00206                          Text: HSB00208
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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