Chapter 50: Unfair Trade And Consumer Protection

Article 6: Consumer Protection

Statute 50-669: Required presentation of credit card when writing a check; exceptions. (a) A person shall not require as a condition or acceptance of a check or share draft, or as a means of identification, that the person presenting the check provide a credit card number or expiration date, or both, unless such credit is issued by the person requesting the information.

      (b)   This section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card.

      (c)   This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both in lieu of a security deposit to assure payment in event of default, loss, damage, or other occurrence.

      (d)   This section does not prohibit a person from recording a credit card number and expiration date as a condition for cashing a check or share draft where that person has agreed with the card issuer to cash checks and share drafts as a service to the issuer's cardholders and the issuer guarantees cardholder checks and share drafts cashed by that person.

      (e)   Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.

      (f)   This section shall be a part of and supplemental to the Kansas consumer protection act.

      History:   L. 1990, ch. 79, § 1; July 1.