LRB-2271/1
JJL:kmg:jlb
1995 - 1996 LEGISLATURE
March 17, 1995 - Introduced by Representatives Schneider, Notestein, Baldwin,
Bell, Black, Boyle, Brancel, Grobschmidt, Gronemus, Hahn, Harsdorf,
Kreuser, Lehman, Lorge, Musser, Otte, Plombon, Ryba, Wilder and R.
Young, cosponsored by Senators Cowles, Burke and Huelsman. Referred to
Joint committee on Information Policy.
AB223,1,2
1An Act to create 138.25 of the statutes;
relating to: credit card records and
2providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person (which includes a corporation) may not sell
information about Wisconsin residents that is obtained from credit card transaction
records. Current law is silent regarding a person's authority to sell information
about cardholders. The bill permits a person to disclose information about
cardholders to a credit bureau for purposes of a credit report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB223, s. 1
3Section
1. 138.25 of the statutes is created to read:
AB223,1,4
4138.25 Credit card records. (1) Definitions. In this section:
AB223,1,55
(a) "Cardholder" has the meaning given in s. 943.41 (1) (b).
AB223,1,66
(b) "Consumer report" has the meaning given in
15 USC 1681a (d).
AB223,1,77
(c) "Consumer reporting agency" has the meaning given in
15 USC 1681a (f).
AB223,1,88
(d) "Financial transaction card" has the meaning given in s. 943.41 (1) (em).
AB223,2,2
9(2) Disclosure prohibited. Except as provided in sub. (3), a person may not
10disclose to another person, for money or anything else of value, any information or
1data about a cardholder who is a resident of this state that is obtained by the person
2from financial transaction card transaction records.
AB223,2,4
3(3) Credit reporting permitted. A person may disclose information about a
4cardholder to a consumer reporting agency for purposes of a consumer report.
AB223,2,7
5(4) Forfeiture. A person who violates sub. (2) may be required to forfeit not
6more than $10,000 for each violation. Each disclosure of information or data about
7one cardholder constitutes a separate violation.
AB223,2,10
8(5) Injunction. The department of justice may commence an action in circuit
9court in the name of the state to restrain by temporary or permanent injunction any
10act or practice constituting a violation of sub. (2).
