§1421.  Deceptive trade practices; requesting certain personal information for cash sales

A.  No retail business shall require a consumer's name, address, telephone number, or other personal information when completing a consumer transaction for cash sale.

B.(1)  Nothing in this Section shall apply to a transaction when a consumer makes payment either by credit card or by check.

(2)  This Section shall not apply to a transaction for cash involving the sale of an automobile.

(3)  The provisions of this Section shall not apply in instances where either state or federal law requires the retail business to obtain a consumer's personal information when completing a cash sale.

C.  Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.

D.  The Department of Justice, consumer protection section shall adopt policies and procedures necessary to provide sufficient notice to each retail business in the state of the provisions of this Section.

Acts 2003, No. 534, §1; Acts 2004, No. 61, §1.