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:

(a) "electronic benefit transfer card" means any medical assistance

card, payment access card pursuant to subdivision nine of section one

hundred thirty-one 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 section two 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 section 190.77

of the penal law through the use of a skimmer device as defined in

subdivision two of section 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 section one hundred

fifty-two-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