{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-428.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-428.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-428.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-428.html"}],"law_id":65187,"edition_id":1,"section_id":65187,"structure_id":15640,"section_number":"6.2-428","catch_line":"Production of credit card number as condition of check cashing or acceptance prohibited","history":"1990, c. 587, \u00a7 11-33.1; 2010, c. 794.","full_text":"A\n\nExcept as otherwise provided in subsection D, no person shall, as a means of identification or for any other purpose:1\n\nRequire that a person produce a credit card number for recordation; or2\n\nRecord a credit card number in connection with (i) a sale of goods or services in which a purchaser pays by check or (ii) the acceptance of a check.B\n\nA person aggrieved by a violation of this section shall be entitled to institute an action to recover his actual damages or $100, whichever is greater, and to injunctive relief against any person who has engaged, is engaged, or is about to engage in any act in violation of this section. Such action shall be brought in the general district or circuit court, whichever is appropriate, of any county or city wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, he may be awarded reasonable attorney fees and court costs in addition to any damages awarded.C\n\nThis section shall not be construed to (i) impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of his employer, (ii) prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded, or (iii) require acceptance of a check, whether or not a credit card is presented.D\n\nA person may require production of and may record a credit card number as a condition for cashing a check only where (i) the person requesting the card number has agreed with the issuer to cash checks as a service to the issuer’s cardholders, (ii) the issuer has agreed to guarantee cardholder checks cashed by that person, and (iii) the cardholder has given actual, apparent, or implied authority for use of his card number in this manner and for this purpose.","order_by":null,"text":{"0":{"id":237105,"text":"Except as otherwise provided in subsection D, no person shall, as a means of identification or for any other purpose:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":237106,"text":"Require that a person produce a credit card number for recordation; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":237107,"text":"Record a credit card number in connection with (i) a sale of goods or services in which a purchaser pays by check or (ii) the acceptance of a check.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":237108,"text":"A person aggrieved by a violation of this section shall be entitled to institute an action to recover his actual damages or $100, whichever is greater, and to injunctive relief against any person who has engaged, is engaged, or is about to engage in any act in violation of this section. Such action shall be brought in the general district or circuit court, whichever is appropriate, of any county or city wherein the defendant resides or has a place of business. In the event the aggrieved party prevails, he may be awarded reasonable attorney fees and court costs in addition to any damages awarded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":237109,"text":"This section shall not be construed to (i) impose liability on any employee or agent of a person, where that employee or agent has acted in accordance with the directions of his employer, (ii) prohibit a person from requesting a purchaser to display a credit card as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer, and the expiration date of the credit card may be recorded, or (iii) require acceptance of a check, whether or not a credit card is presented.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":237110,"text":"A person may require production of and may record a credit card number as a condition for cashing a check only where (i) the person requesting the card number has agreed with the issuer to cash checks as a service to the issuer’s cardholders, (ii) the issuer has agreed to guarantee cardholder checks cashed by that person, and (iii) the cardholder has given actual, apparent, or implied authority for use of his card number in this manner and for this purpose.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15640,"edition_id":1,"name":"Credit Cards","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12854,"metadata":{},"date_created":"2026-06-26 03:57:15","date_modified":"2026-06-26 03:57:15","permalink":{"id":263565,"object_type":"structure","relational_id":15640,"identifier":"3","token":"6.2\/I\/4\/3","url":"\/6.2\/I\/4\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12854,"edition_id":1,"name":"Certain Lending Practices","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12853,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263463,"object_type":"structure","relational_id":12854,"identifier":"4","token":"6.2\/I\/4","url":"\/6.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12853,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263251,"object_type":"structure","relational_id":12853,"identifier":"I","token":"6.2\/I","url":"\/6.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69648,"structure_id":15640,"section_number":"6.2-424","catch_line":"Definitions","url":"\/6.2-424\/","token":"6.2\/I\/4\/3\/6.2-424","metadata":false},{"id":78928,"structure_id":15640,"section_number":"6.2-425","catch_line":"Cardholder not liable in absence of request for, consent to issuance of, or use of card","url":"\/6.2-425\/","token":"6.2\/I\/4\/3\/6.2-425","metadata":false},{"id":69824,"structure_id":15640,"section_number":"6.2-426","catch_line":"When request, consent, or use not condition precedent to liability","url":"\/6.2-426\/","token":"6.2\/I\/4\/3\/6.2-426","metadata":false},{"id":59762,"structure_id":15640,"section_number":"6.2-427","catch_line":"Costs and attorney fee in suit on card; evidence of request or consent","url":"\/6.2-427\/","token":"6.2\/I\/4\/3\/6.2-427","metadata":false},{"id":65187,"structure_id":15640,"section_number":"6.2-428","catch_line":"Production of credit card number as condition of check cashing or acceptance prohibited","url":"\/6.2-428\/","token":"6.2\/I\/4\/3\/6.2-428","metadata":false},{"id":71795,"structure_id":15640,"section_number":"6.2-429","catch_line":"Improper use of payment device numbers","url":"\/6.2-429\/","token":"6.2\/I\/4\/3\/6.2-429","metadata":false},{"id":70551,"structure_id":15640,"section_number":"6.2-430","catch_line":"Place where transaction occurred; federal Fair Credit Billing Act","url":"\/6.2-430\/","token":"6.2\/I\/4\/3\/6.2-430","metadata":false},{"id":83421,"structure_id":15640,"section_number":"6.2-431","catch_line":"Certain cards excepted","url":"\/6.2-431\/","token":"6.2\/I\/4\/3\/6.2-431","metadata":false},{"id":66433,"structure_id":15640,"section_number":"6.2-432","catch_line":"Credit card account disclosures","url":"\/6.2-432\/","token":"6.2\/I\/4\/3\/6.2-432","metadata":false}],"previous_section":{"id":59762,"structure_id":15640,"section_number":"6.2-427","catch_line":"Costs and attorney fee in suit on card; evidence of request or consent","url":"\/6.2-427\/","token":"6.2\/I\/4\/3\/6.2-427","metadata":false},"next_section":{"id":71795,"structure_id":15640,"section_number":"6.2-429","catch_line":"Improper use of payment device numbers","url":"\/6.2-429\/","token":"6.2\/I\/4\/3\/6.2-429","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-428\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 587 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapter 794<\/a>.<\/p>","references":[{"id":83421,"section_number":"6.2-431","catch_line":"Certain cards excepted","order_by":null,"url":"\/6.2-431\/"}],"refers_to":false,"permalink":{"id":263583,"object_type":"law","relational_id":65187,"identifier":"6.2-428","token":"6.2\/I\/4\/3\/6.2-428","url":"\/6.2-428\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-428\/","token":"6.2\/I\/4\/3\/6.2-428","dublin_core":{"Title":"Production of credit card number as condition of check cashing or acceptance prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-428","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in subsection D, no person<\/span> shall, as a means of identification or for any other purpose: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Require that a person<\/span> produce a credit card<\/span> number for recordation; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Record a credit card<\/span> number in connection with (i) a sale of goods or services in which a purchaser pays by check or (ii) the acceptance of a check. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> aggrieved by a violation of this section shall be entitled to institute an action to recover his actual damages<\/span> or $100, whichever is greater, and to injunctive relief against any person<\/span> who has engaged, is engaged, or is about to engage in any act in violation of this section. Such action shall be brought in the general district or circuit<\/span> court<\/span>, whichever is appropriate, of any county or city wherein the defendant<\/span> resides or has a place of business. In the event the aggrieved party<\/span> prevails, he may be awarded reasonable attorney fees and court<\/span> costs in addition to any damages<\/span> awarded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not be construed to (i) impose liability on any employee or agent of a person<\/span>, where that employee or agent has acted in accordance with the directions of his employer, (ii) prohibit a person<\/span> from requesting a purchaser to display a credit card<\/span> as an indication of creditworthiness or financial responsibility or as identification, and in these instances the type, the issuer<\/span>, and the expiration date of the credit card<\/span> may be recorded, or (iii) require acceptance of a check, whether or not a credit card<\/span> is presented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person<\/span> may require production of and may record a credit card<\/span> number as a condition for cashing a check only where (i) the person<\/span> requesting the card number has agreed with the issuer<\/span> to cash checks as a service to the issuer<\/span>’s cardholders<\/span>, (ii) the issuer<\/span> has agreed to guarantee cardholder<\/span> checks cashed by that person<\/span>, and (iii) the cardholder<\/span> has given actual, apparent, or implied authority for use of his card number in this manner and for this purpose. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRODUCTION OF CREDIT CARD NUMBER AS CONDITION OF CHECK CASHING OR ACCEPTANCE\nPROHIBITED (\u00a7 6.2-428)\n\nA. Except as otherwise provided in subsection D, no person shall, as a means of\nidentification or for any other purpose:\n\n 1. Require that a person produce a credit card number for recordation; or\n\n 2. Record a credit card number in connection with (i) a sale of goods or\n services in which a purchaser pays by check or (ii) the acceptance of a check.\n\nB. A person aggrieved by a violation of this section shall be entitled to\ninstitute an action to recover his actual damages or $100, whichever is greater,\nand to injunctive relief against any person who has engaged, is engaged, or is\nabout to engage in any act in violation of this section. Such action shall be\nbrought in the general district or circuit court, whichever is appropriate, of\nany county or city wherein the defendant resides or has a place of business. In\nthe event the aggrieved party prevails, he may be awarded reasonable attorney\nfees and court costs in addition to any damages awarded.\n\nC. This section shall not be construed to (i) impose liability on any employee\nor agent of a person, where that employee or agent has acted in accordance with\nthe directions of his employer, (ii) prohibit a person from requesting a\npurchaser to display a credit card as an indication of creditworthiness or\nfinancial responsibility or as identification, and in these instances the type,\nthe issuer, and the expiration date of the credit card may be recorded, or (iii)\nrequire acceptance of a check, whether or not a credit card is presented.\n\nD. A person may require production of and may record a credit card number as a\ncondition for cashing a check only where (i) the person requesting the card\nnumber has agreed with the issuer to cash checks as a service to the\nissuer’s cardholders, (ii) the issuer has agreed to guarantee cardholder\nchecks cashed by that person, and (iii) the cardholder has given actual,\napparent, or implied authority for use of his card number in this manner and for\nthis purpose.\n\nHISTORY: 1990, c. 587, \u00a7 11-33.1; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}