Law / United States / 
Massachusetts
Electronic fund transfers: Social Security number as an account or identification number
Mass. Gen. Laws ch. 167B, § 14
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Security
- Audit expectation
- none
As of .
What it requires
- If you hold a consumer's account or issue an access device and agree to provide electronic fund transfer services, do not use the consumer's Social Security number as a central information file number, personal identification number or primary financial account number, or a subpart of one.
- Do not use the consumer's Social Security number to electronically identify the consumer to any financial institution or organization; it may be used only to assist in verifying the consumer's identity, and not to circumvent this limit.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 21(a): whoever knowingly and willfully fails to comply with any provision of the chapter shall be fined not more than $5,000 or imprisoned for not more than one year, or both.
Statutory damages
Section 20(a): a person who fails to comply with the chapter is liable for actual damage and, in an individual action, an amount of not less than $100 nor greater than $1,000; in a class action the court allows such amount as it may, with no minimum for each member and a total of not more than the lesser of $500,000 or one per cent of the defendant's net worth; costs and a reasonable attorney's fee follow a successful action. Section 20(c) excuses a bona fide error.
- As of
- Currency
- USD
- Per person minimum
- 100
- Class action available
- Yes
Who enforces it
Enforcement body
Massachusetts Commissioner of Banks, who may request the Attorney General to bring an action to restrain a violation (section 22(a)); and a consumer, who may sue under section 20.
What this law does
Section 14 of chapter 167B provides that the consumer's United States Social Security number shall not be used as a central information file number, personal identification number, primary financial account number, or a subpart thereof. Section 14 of chapter 167B provides that the Social Security number shall not be used to electronically identify the consumer to any financial institution or organization, though it may be used to assist in verifying the identity of a consumer.
Section 1 of chapter 167B defines a financial institution as any person who directly or indirectly holds an account belonging to a consumer or issues an access device and agrees with a consumer to provide electronic fund transfer services, subject to the exclusions that definition lists.
Section 20 of chapter 167B makes any person who fails to comply with any provision of the chapter with respect to a consumer liable for actual damage and, in an individual action, an amount of not less than $100 nor greater than $1,000, with costs and a reasonable attorney's fee. Section 21(a) of chapter 167B punishes whoever knowingly and willfully fails to comply with any provision of the chapter by a fine of not more than $5,000 or imprisonment for not more than one year, or both.
Section 22(a) of chapter 167B lets the commissioner request the attorney general to bring an action to restrain a violation of the chapter. Section 22(b) of chapter 167B subjects a person who violates the terms of an injunction or order issued under that section to a civil penalty of not more than $10,000 for each violation.
When LexLint raises it
When your app profile says your app is a payment provider.