Florida Senate - 2008 (Reformatted) SB 710

By Senators Baker and Gaetz

20-02396-08 2008710__

1

A bill to be entitled

2

An act relating to the marketing of credit cards to

3

students of postsecondary educational institutions;

4

providing definitions; requiring that a university,

5

community college, or related direct-support organization

6

obtain an undergraduate student's written consent before

7

providing contact information for that student to an

8

issuer of credit cards; prohibiting a university,

9

community college, or related direct-support organization

10

from entering into an agreement with a issuer of credit

11

cards to facilitate the marketing of credit cards to

12

undergraduate students; providing for the continuation of

13

existing agreements; providing for enforcement by the

14

Attorney General under the Florida Deceptive and Unfair

15

Trade Practices Act; providing an effective date.

16

17

Be It Enacted by the Legislature of the State of Florida:

18

19

     Section 1. Restrictions on marketing credit cards to

20

students of postsecondary educational institutions.--

21

     (1) As used in this section, the term:

22

     (a) "Card issuer" has the same meaning as in the federal

23

Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., as amended.

24

     (b) "Credit card" has the same meaning as in the federal

25

Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., as amended.

26

     (c) "Direct-support organization" means a university

27

direct-support organization or a community college direct-support

28

organization created or operating under s. 1004.28, s. 1004.70,

29

or s. 1004.71, Florida Statutes.

30

     (2) Notwithstanding s. 1002.22(3)(d), Florida Statutes, a

31

state university, community college, private college or

32

university, or direct-support organization may not directly or

33

through an affiliate:

34

     (a) Sell, give, or otherwise transfer to a card issuer the

35

name, address, telephone number, or other contact information of

36

an undergraduate student of a state university, community

37

college, or private college or university without the student's

38

express written consent; or

39

     (b) Enter into an agreement with a card issuer to offer or

40

otherwise facilitate the marketing of credit cards to

41

undergraduate students at a state university, community college,

42

or private college or university. If an agreement to offer or

43

otherwise facilitate the marketing of credit cards is in effect

44

on July 1, 2008, this paragraph applies upon the expiration of

45

the agreement.

46

     (3) A violation of this section is a deceptive and unfair

47

trade practice and constitutes a violation of the Florida

48

Deceptive and Unfair Trade Practices Act under part II of chapter

49

501, Florida Statutes.

50

     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.