GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 1049
     

 
Short Title:	Discount Card Privacy Protection Act.	()	
Sponsors:	Senators Metcalf;  Dannelly, Hagan, Harris, Rand, and Wellons.	
Referred to:	Commerce.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to create the discount card privacy protection act.

The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 66 of the General Statutes is amended by adding a new Article to read:
"Article 41.
"Discount Card Privacy Protection Act.
"§ 66-340.  Short title.
This Article shall be cited as the Discount Card Privacy Protection Act.
"§ 66-341.  Definitions.
As used in this Article, unless the context requires otherwise, the term:
(1)	"Affiliate" means a person who controls, is controlled by, or is under common control of another person.
(2)	"Customer" means any individual who purchases goods or services for personal use from a merchant though the use of a discount card.
(3)	"Discount card" means any card or membership issued by a merchant to a customer based on the customer's supplying to the merchant personal information in exchange for various discounts and other benefits generally made available to similar customers issued a card or membership.
(4)	"Merchant" means a person who sells goods or services at retail or wholesale to the general public or an affiliate of a person who sells goods or services at retail or wholesale to the general public.
(5)	"Personal information" means any information supplied by a customer to a merchant in consideration for a discount card, including name, address, telephone number, electronic mailing address, date of birth, social security number, drivers license number, and any other unique identifying information, and any information collected concerning the customer arising from the customer's transactions with the merchant.
"§ 66-342.  Privacy protections.
No merchant shall disclose to any other person any personal information of a customer without the customer's authorizing in writing the release of specific personal information to a specific person.
"§ 66-343.  Remedies.
(a)	The Attorney General may investigate any complaints received alleging violations of this Article. If, after investigating a complaint, the Attorney General finds that there has been a violation of this Article, the Attorney General may bring an action to impose a civil penalty and to seek any other appropriate relief, including equitable relief to restrain the violation pursuant to G.S. 75-14. Actions for civil penalties under this section shall be consistent with the provisions of G.S. 75-15.2, except that the penalty imposed for a violation of this section shall not exceed five hundred dollars ($500.00) per violation.
(b)	A customer whose personal information is disclosed in violation of this Article may bring either or both of the following actions in the General Court of Justice:
(1)	An action to enjoin further violations.
(2)	An action under Chapter 75 of the General Statutes as an unfair trade practice with a minimum recovery of five hundred dollars ($500.00) in damages for each violation."
SECTION 2.  This act becomes effective October 1, 2001.