N.Y. General Business Law Section 516
Improper use of credit cards or debit cards

  • defense of lawful detention
In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights, brought by any person by reason of having been detained on or in the immediate vicinity of the premises of a seller, lender or issuer, for the purpose of investigation or questioning as to the ownership, possession, validity or use of a credit card or debit card, it shall be a defense to such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, acting pursuant to his special duties, or a police officer, or by a person acting on behalf of or by such seller, lender or issuer, and that such officer, person, seller, lender or issuer had reasonable grounds to believe that the person so detained was using or attempting to use a stolen or forged credit card or debit card or was making or attempting to make unlawful use of a credit card or debit card. As used in this section, “reasonable grounds” shall include, but not be limited to, knowledge that the credit card or debit card has been, or has been reported to be, lost, stolen, revoked, cancelled, or forged and knowledge that the person had used or attempted to use the credit card or debit card to purchase or lease property or services or to obtain a cash advance, and a “reasonable time” shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the seller, lender, issuer or holder relative to whether improper use was being made of the card.

Source: Section 516 — Improper use of credit cards or debit cards; defense of lawful detention, https://www.­nysenate.­gov/legislation/laws/GBS/516 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 516’s source at nysenate​.gov

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