Florida Senate - 2009                                     SB 394
       
       
       
       By Senator Baker
       
       
       
       
       20-00352-09                                            2009394__
    1                        A bill to be entitled                      
    2         An act relating to the marketing of credit cards to
    3         undergraduate students; providing definitions;
    4         requiring that a university, community college, or
    5         related direct-support organization obtain an
    6         undergraduate student's written consent before
    7         providing the student's contact information to a card
    8         issuer; prohibiting a university, community college,
    9         or related direct-support organization from entering
   10         into an agreement with a card issuer to offer or
   11         facilitate the marketing of credit cards to
   12         undergraduate students; providing for the continuation
   13         of existing agreements; providing for enforcement
   14         under the Florida Deceptive and Unfair Trade Practices
   15         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 at 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.
   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.
   26         (c) “Direct-support organization” means a university
   27  direct-support organization or a community college direct
   28  support organization created or operating under s. 1004.28, s.
   29  1004.70, 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 transfer to a card issuer the name,
   35  address, telephone number, or other contact information of an
   36  undergraduate student at a state university, community college,
   37  or private college or university without the student's express
   38  written consent; or
   39         (b) Enter into an agreement with a card issuer to offer or
   40  facilitate the marketing of credit cards to undergraduate
   41  students at a state university, community college, or private
   42  college or university. If such an agreement to offer or
   43  facilitate the marketing of credit cards is in effect on July 1,
   44  2009, this paragraph applies upon the expiration of the
   45  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
   49  chapter 501, Florida Statutes.
   50         Section 2. This act shall take effect July 1, 2009.