§ 14-4905
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/md/commercial-law/14-4905A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§14–4905.
(a)This section applies only to third–party gift card resellers.
(b)Subject to subsection
(c)of this section, when a third–party gift card reseller buys or sells an open– or a closed–loop gift card as part of a transaction occurring in the State, the third–party gift card reseller shall record and for at least 3 years maintain a copy of the following information, as applicable:
(1)The date of the transaction;
(2)The name of the person who conducted the transaction;
(3)The name, age, and address of the seller of the gift card;
(4)The seller’s and consumer’s driver’s license number or identification card number;
(5)A description of the purchased gift card, including:
(i)The retailer for which the gift card is intended for use; and
(ii)The gift card number;
(6)The specific amount issued on the gift card;
(7)The prices paid to conduct the transaction; and
(8)The signature of the consumer.
(1)The information recorded and maintained under subsection
(b)of this section shall chronologically be written in ink or logged into a secure database, software system, or other similar technology platform.
(2)Except as provided in paragraph
(3)of this subsection, recorded information may not be destroyed, altered, or erased.
(3)A handwritten correction may be made to an entry of information by drawing a line of ink through the entry in a manner that retains legibility.
(4)Information recorded under this section shall be open to inspection by any duly authorized law enforcement officer:
(i)During the ordinary business hours of the third–party gift card reseller; or
(ii)At any reasonable time.
(d)A third–party gift card reseller, including an agent or employee of the third–party gift card reseller, may not:
(1)Fail to make an entry of or falsify, destroy, or remove any information required to be recorded and maintained under this section;
(2)Refuse to allow any duly authorized law enforcement officer to inspect a record of information or open– or closed–loop gift cards in the third–party gift card reseller’s possession during the ordinary business hours of the reseller or at any reasonable time; or
(3)Fail to maintain a record of each open– or closed–loop gift card transaction for at least 3 years.
(e)On the filing of an official report to a law enforcement agency by any person alleging to be a victim of theft of one or more open– or closed–loop gift cards with an aggregate value exceeding $500, the law enforcement agency may request that the issuer of the gift cards or the issuer’s agents preserve and provide to the law enforcement agency all relevant evidence reasonably foreseeable as of assistance to future criminal actions in accordance with State law.