Keep in mind that for anyone considering a move to New York or taking a vacation there, not all restaurants and merchants accept Visa and MasterCard, the two most popular types of cards. Some only accept American Express so when making dinner reservations or choosing a restaurant without reservations, it would be vital to call ahead or visit the website to determine the type of credit card accepted. In fact, many places in this state do not accept credit cards at all, regardless of type.
With so much activity that occurs with a NY credit card, specific laws and codes have been established to protect cardholders. One in particular is known as NY GBS Law §516: NY Code – Section 516 outlines the consequences of someone that gets involved with improper use of a credit or debit card. All over the country, such laws and codes exist due to an increase in card fraud and identity theft.
If misuse of a Miami credit card were suspected, this particular law/code designed to protect people with a NY credit card takes the following action:
“For false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought on 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, 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”
Within this law/code for people with a Miami credit card, the description continues as, “the term reasonable grounds includes but is not 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”
In summary, this means that when a person has a Miami credit card and unauthorized purchases or payments were made on that card, legal action would include the suspected individual to be detained or arrested so an investigation could be conducted. Unauthorized use of a Miami credit card is serious business and Miami laws/codes take appropriate and strong actions in such cases.