PRINTER'S NO. 4185
No. 2973 Session of 1998
INTRODUCED BY LLOYD, NOVEMBER 24, 1998
REFERRED TO COMMITTEE ON RULES, NOVEMBER 24, 1998
AN ACT
1 Providing for the issuance of credit cards; prohibiting
2 substitution of credit cards; and providing for violations.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Accepted credit card." Any credit card or charge card which
10 a cardholder has requested or applied for and received, or has
11 signed, used or authorized another person to use to obtain
12 credit.
13 "Charge card." A credit card on an account for which no
14 periodic rate is used to compute a finance charge.
15 "Cardholder." A natural person to whom a credit card is
16 issued for consumer credit purposes, or a natural person who has
17 agreed with the card issuer to pay consumer credit obligations
1 arising from the issuance of a credit card to another natural
2 person. The term includes any person to whom a credit card is
3 issued for any purpose, including business, commercial or
4 agricultural use, or a person who has agreed with the card
5 issuer to pay obligations arising from the issuance of such a
6 credit card to another person.
7 "Card issuer." A financial institution, retail merchant or
8 other corporation, association or partnership which issues a
9 credit card.
10 "Consumer credit." Credit offered or extended to a consumer
11 primarily for personal, family or household purposes.
12 "Credit card" or "card." Any card, plate, coupon book or
13 other credit device existing for the purpose of obtaining money,
14 property, labor or services on credit.
15 "Retail merchant." Any person, other than a credit card
16 issuer, who provides money, goods, services or anything of value
17 upon presentation of a credit card.
18 Section 2. Liability on credit cards.
19 No person shall be liable for using a credit card mailed or
20 delivered in this Commonwealth in substitution for or as an
21 upgrade of an accepted credit card without express written, oral
22 or electronic notice to the card issuer from the person
23 affirming his acceptance of the terms and conditions of the
24 substituted or upgraded credit card.
25 Section 3. Violations.
26 A violation of section 2 shall be deemed a violation of the
27 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
28 Trade Practices and Consumer Protection Law.
29 Section 4. Effective date.
30 This act shall take effect immediately.
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