N.Y. General Business Law § 516: Improper use of credit cards or debit cards; defense of lawful detention

§ 516. Improper use of credit cards or debit cards; defense of lawful

detention. In any action for false arrest, false imprisonment, unlawful

detention, defamation of character, assault, trespass, or invasion of

civil rights, brought by any person by reason of having been detained on

or in the immediate vicinity of the premises of a seller, lender or

issuer, for the purpose of investigation or questioning as to the

ownership, possession, validity or use of a credit card or debit card,

it shall be a defense to such action that the person was detained in a

reasonable manner and for not more than a reasonable time to permit such

investigation or questioning by a peace officer, acting pursuant to his

special duties, or a police officer, or by a person acting on behalf of

or by such seller, lender or issuer, and that such officer, person,

seller, lender or issuer had reasonable grounds to believe that the

person so detained was using or attempting to use a stolen or forged

credit card or debit card or was making or attempting to make unlawful

use of a credit card or debit card. As used in this section, "reasonable

grounds" shall include, but not be limited to, knowledge that the credit

card or debit card has been, or has been reported to be, lost, stolen,

revoked, cancelled, or forged and knowledge that the person had used or

attempted to use the credit card or debit card to purchase or lease

property or services or to obtain a cash advance, and a "reasonable

time" shall mean the time necessary to permit the person detained to

make a statement or to refuse to make a statement, and the time

necessary to examine employees and records of the seller, lender, issuer

or holder relative to whether improper use was being made of the card.