State Codes and Statutes

Statutes > New-york > Gbs > Article-29-a > 516

§  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.

State Codes and Statutes

Statutes > New-york > Gbs > Article-29-a > 516

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gbs > Article-29-a > 516

§  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.