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Session Laws, 1996
Volume 794, Page 1341   View pdf image
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PARRIS N. GLENDENING, Governor                               Ch. 94

(iii) In response to the order of a court having jurisdiction to issue the
order;

(4)     Disclosure is in connection with an authorization, processing, billing,
collection, chargeback, insurance collection, fraud prevention, or credit card or payment
device recovery that relates to the credit card or payment device number, an account
accessed by the credit card or payment account number, a debt for which the holder or
person authorized by the holder gave the credit card number or payment device number
for purposes of identification, or debts or obligations arising, alone or in conjunction with
another means of payment, from the use of the credit card or payment device number;

(5)     Except as provided in subsection (b) of this section, disclosure is
reasonably necessary in connection with:

(i) The sale or pledge, or negotiation of the sale or pledge, of any
portion of a business or the assets of a business;

(ii) The management, operation, or other activities involving the
internal functioning of the person making the disclosure; or

(iii) The management, operation, or other activities involving
disclosures between a corporation and its subsidiaries or controlled affiliates or between
the subsidiaries or the 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;

(6)     Disclosure is made to a consumer reporting agency, as defined in §
14-1201 of this article;

(7)     Whether or not the person is a consumer reporting agency and whether
or not the disclosure is a consumer report, disclosure is made under a circumstance
specified in the credit reporting provisions of § 14-1202(3)(i), (ii), (iii), or (iv) of this
article, 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) of
this article prior to receipt of an individual written, 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 under
this title; or

- 1341 -

 

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Session Laws, 1996
Volume 794, Page 1341   View pdf image
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