13-2101. Definitions

In this chapter, unless the context otherwise requires:

1. "Cancelled or revoked credit card" means a credit card that is no longer valid because permission to use it has been suspended, revoked or terminated by the issuer of the credit card by written notice sent by certified or registered mail addressed to the person to whom the credit card was issued at the person's last known address. Proof that the written notice has been deposited as certified or registered matter in the United States mail addressed to the person to whom the credit card was issued at the person's last known address gives rise to an inference that the written notice has been given to the cardholder.

2. "Cardholder" means any person who is either:

(a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. 

(b) In possession of a credit card with the consent of the person to whom the credit card was issued.

3. "Credit card" means:

(a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full therefor at a future time, whether or not all or any part of the indebtedness that is represented by the promise to make deferred payment is secured or unsecured.

(b) A debit card, electronic benefit transfer card or other access instrument or device, other than a check that is signed by the holder or other authorized signatory on the deposit account, that draws funds from a deposit account in order to obtain money, goods, services or anything else of value.

(c) A stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the card, instrument or device.

(d) The number that is assigned to the card, instrument or device described in subdivision (a), (b) or (c) of this paragraph even if the physical card, instrument or device is not used or presented.

4. "Expired credit card" means a credit card that is no longer valid because the term shown on the credit card has elapsed.

5. "Incomplete credit card" means a credit card on which part of the matter, other than the signature of the cardholder, which an issuer requires to appear before it can be used by a cardholder, has not been stamped, embossed, imprinted or written.

6. "Issuer" means any business organization, state agency or financial institution, or its duly authorized agent, that issues a credit card.

7. "Merchant" means a person who is authorized under a written contract with a participating party to furnish money, goods, services or anything else of value on presentation of a credit card by a cardholder.

8. "Participating party" means a business organization or financial institution that is obligated or permitted by contract to acquire by electronic transmission or other means from a merchant a sales slip or sales draft or instrument for the payment of money evidencing a credit card transaction and from whom an issuer is obligated or permitted by contract to acquire by electronic transmission or other means such sales slip, sales draft or instrument for the payment of money evidencing a credit card transaction.

9. "Receives" or "receiving" means acquiring possession or control of a credit card or accepting a credit card as security for a loan.

10. "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a credit card onto the magnetic strip or stripe of a different credit card.

11. "Scanning device" means a scanner, reader or other electronic device that is used to access, read, scan, obtain, memorize, transmit or store, temporarily or permanently, information that is encoded on a magnetic strip or stripe of a credit card.