Substitute House Bill No. 5586

Public Act No. 00-100

An Act Concerning A Consumer's Right To Privacy.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

(NEW) (a) As used in this section:

(1) "Retailer" means any person who sells goods used primarily for personal, family or household purposes to a person who is not in the business of reselling such goods;

(2) "Discount card or device" means any card or device issued by a retailer to a consumer, that the consumer may use to obtain a discount when making purchases from the retailer, including, but not limited to, a scanner card;

(3) "Consumer" means an individual who is an actual or prospective purchaser of goods used primarily for personal, family or household purposes; and

(4) "Consumer information" means information that identifies a consumer and that is obtained by a retailer from the consumer's use of a discount card or device issued by the retailer in the course of the retailer's business.

(b) No retailer who issues, or has issued, a discount card or device in this state to a consumer may sell, lease or relinquish to any other person, firm or corporation any consumer information, unless (1) the retailer provides reasonable prior written notice to the consumer, (2) the retailer provides the consumer with the option, at the time the consumer applies for the discount card or device or at the time the consumer receives an unsolicited discount card or device, of preventing the retailer from selling, leasing or relinquishing such information, and (3) the consumer does not exercise such option to prevent the retailer from selling, leasing or relinquishing such information.

(c) Such notice shall (1) state that information identifying the consumer may be sold, leased or relinquished to other persons, firms or corporations, (2) describe the purposes for which such information would be used, and (3) include a form the consumer may use to prevent the retailer from selling, leasing or relinquishing such information.

(d) Nothing in this act shall be construed to supersede the federal Fair Credit Reporting Act (15 USC 1681 et seq.).

(e) The provisions of this section do not apply to the sale, lease or relinquishing of consumer information by a retailer to another person, firm or corporation that directly or through one or more intermediaries, controls, or is controlled by, or is under common control with, such retailer.

(f) Notwithstanding the provisions of subsection (b) of this section, a retailer may relinquish consumer information to (1) a credit rating agency, as defined in section 36a-695 of the general statutes, or a consumer reporting agency, as defined in 15 USC 1681 et seq., provided such information may be relinquished only if the discount card or device also functions as a credit card, as defined in section 53a-128a of the general statutes, (2) a person, firm or corporation performing or providing services used for the delivery of such retailer's promotional offers, or (3) a person, firm or corporation performing or providing services used for the delivery of such retailer's billing statements.

(g) Any violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b of the general statutes.

Approved May 26, 2000