N.Y. General Business Law Section 390-E*2
Skimming awareness notice

1.

For the purposes of this section, the following terms shall have the following meanings:

(a)

“electronic benefit transfer card” means any medical assistance card, payment access card pursuant to subdivision nine of Social Services Law § 131 (Assistance, care and services to be given)section one hundred thirty-one of the social services law, or any other identification, authorization card or electronic access device issued by the state or a social services district as defined in subdivision seven of Social Services Law § 2 (Definitions)section two of the social services law by which a person may access their medical assistance, supplemental nutrition assistance program, or public assistance benefits under a local, state or federal program administered by the state, its political subdivisions or social services districts; and

(b)

“skimming” shall be defined as obtaining a consumer’s personal identifying information as defined in subdivision one of section 190.77 of the penal law through the use of a skimmer device as defined in subdivision two of section 190.85 of the penal law.

2.

Notwithstanding any other law to the contrary, every person, firm, partnership, association or corporation who is engaged in a sales transaction and accepts electronic benefit transfer cards shall place a sign at the point of sale containing a notice regarding skimming. Such sign shall include:

(a)

a link to a web page maintained by the office of temporary and disability assistance with information for victims of electronic benefit transfer scams, including, but not limited to, skimming;

(b)

steps customers can take to protect themselves from skimming;

(c)

an appropriate contact number as determined by the office of temporary and disability assistance to report that an electronic benefit transfer card was compromised and to disable and request a new electronic benefit transfer card; and

(d)

a request to notify law enforcement if a skimmer device appears to be in use. The office of temporary and disability assistance shall make available on its website a model sign as required by subdivision six of Social Services Law § 152-D (Replacement of stolen public assistance)section one hundred fifty-two-d of the social services law that such establishments may use to comply with the provisions of this section.

3.

(a) Any person, firm, partnership, association or corporation who fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale which lacks the notice required pursuant to subdivision two of this section for the second and each separate subsequent offense.

(b)

If the notice required pursuant to subdivision two of this section has been provided and such notice is subsequently removed, damaged, or altered by any person other than the person or entities required to provide such notice, such person or entities shall have no liability for a failure to comply with subdivision two of this section as long as such notice is replaced within ten business days from such person or entities becoming aware of the defect. * NB There are 2 § 390-e’s

Source: Section 390-E*2 — Skimming awareness notice, https://www.­nysenate.­gov/legislation/laws/GBS/390-E*2 (updated Mar. 29, 2024; accessed Oct. 26, 2024).

390
Substitution of spurious oils for internal combustion engines 390‑A
Optical discs 390‑B
Anti-phishing act of 2006 390‑BB
Cramming prohibited 390‑C
Prohibit persons under eighteen years of age in certain facilities 390‑C*2
Posting of warnings by commercial entities offering internet access to the public 390‑D
Information concerning services for human trafficking victims in facilities at truck stops 390‑E
Unauthorized installation of certain security devices prohibited 390‑E*2
Skimming awareness notice 391
Marking retreaded, recapped or recut tires 391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products 391‑B
Prohibit any sale of dangerous clothing articles 391‑C
Sale of bicycles 391‑CC
Sale of micromobility devices, bicycles with electric assist and limited use motorcycles powered by lithium-ion batteries, and lithium-io... 391‑CC*2
Sale of bicycles with electric assist and micromobility devices 391‑D
Sale of matchbooks 391‑E
Promotion of camps by certain organizations 391‑F
Promotion of private schools by certain organizations 391‑G
Rental of motor vehicles 391‑H
Lubricating oils 391‑I
Sale of urea-formaldehyde foam insulation 391‑J
Sale of fire extinguishers 391‑JJ
Sale of electric space heaters 391‑K
Automatic garage door opening systems 391‑L
Personal emergency response service agreements 391‑L*2
Rental of motor vehicles 391‑M
Manufacture and sale of in-line skates 391‑N
Sale of reptiles 391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building 391‑P
Prohibit the rental of clothing articles previously worn 391‑Q
Rebates 391‑S
Sale and distribution of novelty lighters prohibited 391‑T
Sale of small animals 391‑U
Pricing goods and services on the basis of gender prohibited 391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals 391‑V
Third-party food delivery agreements 392
Second-hand watches 392‑A
Sale of new computers 392‑B
False labels and misrepresentations 392‑C
Obliteration of marks of origin 392‑D
Using false marks as to manufacture 392‑E
Using false statements or altering mileage registering devices 392‑F
Taximeters 392‑G
Sale of ultraviolet radiation devices 392‑H
Trash receptacles 392‑I
Prices reduced to reflect change in sales tax computation 392‑J
Sales of sparkling devices 393
Lime 393‑A
Non fire rated wood paneling 393‑B
Written solicitation 393‑C
Sale of required labor postings 393‑D
Sale of certified copies of property deeds 393‑E
Sale of abandoned property location services 393‑F
Voluntary third-party notification 394
Lost or destroyed certificate of stock 394‑A
Proof of lost negotiable paper 394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities 394‑C
Limitations on certain contracts involving social referral services 394‑CC
Internet dating safety 394‑CCC
Social media networks 394‑D
Privity of contract between franchise seller and customer or patron of dealer 394‑E
Report on request for abortional services 394‑F
Warrants for reproductive health related electronic data 395
Required disclosure of prior use 395‑A
Maintenance agreements
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Mar. 29, 2024

§ 390-E*2’s source at nysenate​.gov

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