Bill Text: OR HB2318 | 2011 | Regular Session | Introduced

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Bill Title: Relating to refunds of payment card transactions.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2318 Detail]

Download: Oregon-2011-HB2318-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1195

                         House Bill 2318

Sponsored by Representative BARNHART; Representative MATTHEWS
  (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits merchant from requiring statement of account as
condition for cardholder to obtain refund in payment card
transaction.
  Permits action by Attorney General or district attorney to
restrain violation and obtain civil penalty not exceeding $1,000
per violation. Authorizes attorney fees to prevailing party.

                        A BILL FOR AN ACT
Relating to refunds of payment card transactions.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Cardholder' means a person to whom a payment card is
issued or a person that is authorized to use the payment card.
  (b) 'Merchant' means a person that, in the ordinary course of
that person's business, permits persons to present payment cards
in payment for goods or services.
  (c) 'Payment card' means a credit card, charge card, debit
card, stored value card or any card that is issued to a person
and allows the cardholder to obtain something of value from a
merchant.
  (d) 'Payment card transaction' means a sale or other
transaction or act in which a payment card is used to pay for, or
to obtain on credit, goods or services.
  (e) 'Person' means any individual, corporation, partnership or
association.
  (f) 'Statement of account' means a written, electronic or
magnetic record, paper or document provided to a cardholder by
the issuer of a payment card that contains information regarding
payment card transactions entered into by the cardholder.
  (2) A merchant may not, as a condition of receiving a refund
for a payment card transaction to which a cardholder is otherwise
entitled, require the cardholder to provide a statement of
account, regardless of whether there exists any other record or
evidence of the payment card transaction, such as a receipt,
sales draft or other instrument.
  (3) Subsection (2) of this section does not relieve the
cardholder from having to comply with any other lawful terms and
conditions imposed by a merchant that are necessary for a
cardholder to be entitled to a refund for a payment card
transaction with that merchant. + }
  SECTION 2.  { + (1)(a) The Attorney General or a district
attorney may bring an action in the name of the state against a
person to restrain and prevent a violation of section 1 of this
2011 Act.
  (b) The Attorney General or a district attorney may in the name
of the state seek and obtain a civil penalty from a person that
violates an order or injunction issued pursuant to this
subsection.
  (2)(a) A person that violates an order or injunction issued
pursuant to subsection (1) of this section shall forfeit and pay
a civil penalty of not more than $1,000 per violation. The
circuit court issuing the order or injunction retains
jurisdiction of the action to consider a request for a civil
penalty.
  (b) In an action brought by a prosecuting attorney under this
section, the court may award the prevailing party, in addition to
any other relief provided by law, reasonable attorney fees at
trial and on appeal. + }
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