As used in this section and ORS 165.074, unless the context requires otherwise:
- (1) “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card.
- (2) “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.
- (3) “Financial institution” means a financial institution as that term is defined in ORS 706.008.
(4) “Merchant” means:
- (a) An owner or operator of a retail mercantile establishment;
- (b) An agent, employee, lessee, consignee, franchisee, officer, director or independent contractor of an owner or operator of a retail mercantile establishment; and
- (c) A person who receives what the person believes to be a payment card or information from a payment card from a cardholder as the instrument for obtaining something of value from the person.
- (5) “Payment card” means a credit card, charge card, debit card, stored value card or any card that is issued to a person and allows the user to obtain something of value from a merchant.
- (6) “Payment card transaction” means a sale or other transaction or act in which a payment card is used to pay for, or to obtain on credit, goods or services.
- (7) “Payment card transaction record” means any record or evidence of a payment card transaction, including, without limitation, any paper, sales draft, instrument or other writing and any electronic or magnetic transmission or record.
- (8) “Person” does not include a financial institution or its authorized employee, representative or agent.
- (9) “Previous conviction” has the meaning given that term in ORS 137.712.
- (10) “Reencoder” means an electronic device that places encoded information from one payment card onto another payment card.
- (11) “Scanning device” means an electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on a payment card.
[1991 c.398 §1; 1997 c.631 §419; 2003 c.383 §1]