Section § 1748.40

Explanation

This law defines key terms related to debit cards. An 'accepted debit card' is one that a cardholder has received and agreed to use. A 'business' includes most commercial enterprises except restaurants. A 'cardholder' is a person issued a prepaid debit card. The 'debit card' allows account access and transfers without needing a PIN. 'Prepaid debit card' covers cards used at different merchants or ATMs, and those defined by regulations under the Electronic Fund Transfer Act. A 'refund' is money returned to a customer who overpaid or is owed.

For purposes of this chapter:
(a)CA Civil Law Code § 1748.40(a) “Accepted debit card” means any debit card which the debit cardholder has requested and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services. Any debit card issued in renewal of, or in substitution for, an accepted debit card becomes an accepted debit card when received by the debit cardholder, whether the debit card is issued by the same or by a successor card issuer.
(b)CA Civil Law Code § 1748.40(b) “Business” means a proprietorship, partnership, corporation, or other form of commercial enterprise. “Business” does not include a restaurant.
(c)CA Civil Law Code § 1748.40(c) “Cardholder” means a natural person to whom a prepaid debit card is issued.
(d)CA Civil Law Code § 1748.40(d) “Debit card” means an accepted debit card or other means of access to a debit cardholder’s account that may be used to initiate electronic funds transfers and may be used without unique identifying information such as a personal identification number to initiate access to the debit cardholder’s account.
(e)CA Civil Law Code § 1748.40(e) “Prepaid debit card” means a debit card that meets either of the following:
(1)CA Civil Law Code § 1748.40(e)(1) A card, code, or other means of access to funds of a recipient that is usable at multiple, unaffiliated merchants for goods or services, or usable at automated teller machines.
(2)CA Civil Law Code § 1748.40(e)(2) The same as those terms or related terms are defined in the regulations adopted under the Electronic Fund Transfer Act regarding general use reloadable cards.
(f)CA Civil Law Code § 1748.40(f) “Refund” means a return of a sum of money to a customer who has overpaid for services or property or is otherwise owed money by the business.

Section § 1748.41

Explanation

If a business gives a refund with a prepaid debit card in California, it must also offer customers at least one other refund option.

If a business offers a refund to a customer via a prepaid debit card for a purchase initiated by the customer in California, the business shall provide the customer with at least one other method of receiving the refund other than a prepaid debit card.