HARRY HUGHES, Governor

3487

CREDIT CARD OR PAYMENT DEVICE NUMBER TO THE HOLDER OR ISSUER OF
THE CREDIT CARD OR PAYMENT DEVICE NUMBER;

(3)  THE DISCLOSURE IS REASONABLY NECESSARY IN
CONNECTION WITH:

(I)  THE SALE OR PLEDGE, OR NEGOTIATION OF A
SALE OR PLEDGE, OF ANY PORTION OF A BUSINESS OR THE ASSETS OF A
BUSINESS;

(II)  MANAGEMENT, OPERATION, OR OTHER ACTIVITIES
INVOLVING THE INTERNAL FUNCTION OF THE BUSINESS OF THE PERSON
MAKING SUCH DISCLOSURE; OR

(III)  MANAGEMENT, OPERATION, OR OTHER
ACTIVITIES INVOLVING DISCLOSURES BETWEEN A CORPORATION AND ITS
SUBSIDIARIES OR CONTROLLED AFFILIATES OR BETWEEN SUBSIDIARIES OR
CONTROLLED AFFILIATES, PROVIDED THAT A DISCLOSURE FOR MARKETING
PURPOSES MAY NOT BE MADE IF THE HOLDER OF AN ACTIVE CREDIT CARD
OR PAYMENT DEVICE NUMBER HAS NOTIFIED THE ISSUER IN WRITING AT AN
ADDRESS SPECIFIED BY THE ISSUER THAT SUCH USE IS NOT PERMITTED.
THE ISSUER SHALL PROVIDE HOLDERS OF ACTIVE ACCOUNTS NOTICE OF
SUCH NONDISCLOSURE OPTION AND THE SPECIFIED ADDRESS ON A PERIODIC
BASIS AT THE ISSUER'S DISCRETION PROVIDED THE TIME BETWEEN SUCH
NOTIFICATIONS DOES NOT EXCEED 1 YEAR. THE ISSUER SHALL COMPLY
WITH SUCH ELECTIONS WITHIN 45 DAYS AFTER RECEIPT OF THE HOLDER'S
RESPONSE. THE ELECTION SHALL REMAIN IN EFFECT UNTIL THE HOLDER
RESCINDS THE ELECTION OR UNTIL THERE HAVE BEEN NO DEBITS OR
CREDITS TO THE ACCOUNT FOR A 12-MONTH PERIOD.

(4)  THE PERSON MAKES THE DISCLOSURE TO A CONSUMER
REPORTING AGENCY; OR

(5)  THE PERSON MAKES THE DISCLOSURE UNDER SECTION
SECTIONS 14-1202 14-1202(3)(I), (II), (III), OR (IV) OF THIS
TITLE, WHETHER OR NOT THE PERSON IS A CONSUMER REPORTING AGENCY
AND WHETHER OR NOT THE DISCLOSURE IS A CONSUMER REPORT, UNLESS
THE PERSON FURNISHES THE EXCEPT THAT A PERSON MAY NOT FURNISH ANY
REPORT CONTAINING A CREDIT CARD NUMBER OR PAYMENT DEVICE NUMBER
IN A CIRCUMSTANCE OTHER THAN AS PROVIDED IN § 14-1202(3)(I) PRIOR
TO RECEIPT OF AN INDIVIDUAL WRITTEN, ORAL OR ELECTRONIC OR OTHER
TANGIBLE RECORD OF A CERTIFICATION FROM THE REQUESTOR:

(I)  CONTAINING THE REASON THAT THE CREDIT CARD
OR PAYMENT DEVICE NUMBER IS REQUIRED; AND

(II)  STATING THAT THE CREDIT CARD OR PAYMENT
DEVICE NUMBER:

1.  CANNOT BE OBTAINED UNDER A
CIRCUMSTANCE SPECIFIED IN THIS SECTION; OR

2.  THAT THE CREDIT CARD PAYMENT DEVICE
NUMBER IS NEEDED FOR SECURITY OR LOSS OR FRAUD PREVENTION
PURPOSES.