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This entry was published on 2014-09-22
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Improper use of credit cards or debit cards; defense of lawful detention
General Business (GBS) CHAPTER 20, ARTICLE 29-A
§ 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.