§ 609a.3. Application and verification procedures for granting credit.
(a) A patron who wants to obtain credit from a certificate holder shall file a credit application with the certificate holder which contains, at a minimum, the following information:
(1) The patron’s name.
(2) The address of the patron’s residence.
(3) The patron’s telephone number.
(4) Bank account information including:
(i) The name and location of the patron’s bank.
(ii) The account number of the patron’s personal checking account upon which the patron is individually authorized to draw and upon which all Counter Checks will be drawn. Checking accounts of sole proprietorships to be considered as personal checking accounts. Partnership or corporate checking accounts are not considered to be personal checking accounts.
(5) The credit limit requested by the patron.
(6) The approximate amount of the patron’s current indebtedness.
(7) The amount and source of income or assets in support of the requested credit limit.
(8) The patron’s signature indicating acknowledgement of the following statement, which must be included at the bottom of the credit application form containing the information required to be submitted under this subsection: ‘‘I certify that I have read and understand this application and its terms and I execute this document voluntarily and with full knowledge of its significance. I authorize (insert the name of the certificate holder) to conduct any investigations necessary for the approval of my credit limit. I am aware that this application is required by the regulations of the Pennsylvania Gaming Control Board. I understand that a Counter Check issued by (insert name of certificate holder) is identical to a personal check and may be deposited or presented for payment to my bank or other financial institution. I acknowledge that willfully drawing or passing a credit instrument with the intent to defraud, including knowing there are insufficient funds in my account, is a crime in this Commonwealth that may result in criminal prosecution. I am also aware that providing false or misleading statements or omitting information on this application may subject me to civil or criminal penalties.’’
(b) Upon receipt of an application for credit, a confidential credit file for that patron containing the information required under subsection (a) shall be prepared by a credit clerk either manually or by computer prior to the certificate holder’s approval of a patron’s credit limit. Patron credit limits including any changes to the credit limit must be supported by the information contained in the patron’s credit file.
(c) Prior to a certificate holder’s approval of a patron’s credit limit, a credit clerk shall:
(1) Verify the address of the patron’s residence. Verification of the address of the patron’s residence shall be satisfied by confirming the patron’s address with a credit bureau or bank. If neither of these sources has the patron’s address on file or does not provide the information, the credit clerk may use an alternative source which may not include any identification credentials or other documentation presented by the patron at the licensed facility. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron’s credit file. Verification of the patron’s address may be performed telephonically.
(2) Verify the patron’s current casino credit limits and outstanding balances, which includes the following:
(i) The date each of the patron’s casino credit accounts was established.
(ii) The amount of the current approved credit limits at other casinos.
(iii) The current balance and status of the patron’s credit account at each casino including checks deposited by a casino that have not yet cleared the bank and any derogatory information.
(iv) Verification of information required under subparagraphs (i)—(iii) shall be performed through a casino credit bureau and, if appropriate, through direct contact with other casinos. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron’s credit file. If casino credit information relating to the patron is not available from these sources, this fact shall be noted in the patron’s credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk requests written documentation of the information as soon as possible and includes written documentation of the request in the patron’s credit file. Requests for written documentation shall be maintained in the patron’s credit file until the documentation is obtained.
(3) Verify the patron’s outstanding indebtedness. Verification of the patron’s outstanding indebtedness shall be performed by contacting a consumer credit bureau, which is reasonably likely to possess information concerning the patron, to determine whether the applicant has any liabilities or if there is any derogatory information concerning the patron’s consumer credit history. If contact with a consumer credit bureau is not immediately possible, the credit clerk may use an alternative source which has made the required contact within the past 3 months. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron’s credit file. If a consumer credit bureau does not have information relating to a patron’s outstanding indebtedness, this fact shall be recorded in the patron’s credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk requests written documentation of the information obtained as soon as possible and includes written documentation of the request in the patron’s credit file. Requests for written documentation shall be maintained in the patron’s credit file until the documentation is obtained.
(4) Verify the patron’s personal checking account information which includes, but is not limited to, the following:
(i) Account number.
(ii) The year the account was opened.
(iii) Average balance of the account.
(iv) Current balance in the account.
(v) Whether the patron can sign individually on the account.
(vi) Name and title of the person supplying the information.
(vii) Verification of information required under subparagraphs (i)—(vi) shall be performed by the credit clerk or a bank verification service directly with the patron’s bank. A bank verification service utilized by a certificate holder may make use of another bank verification service to make direct communication with the patron’s bank. If the information is not immediately available, the credit clerk may use an alternative source. The credit clerk shall record the source of verification and the method by which the verification was performed in the patron’s credit file. The verification may be performed telephonically prior to the credit approval provided the credit clerk or bank verification service requests written documentation of the information obtained as soon as possible and the request for written documentation is included in the patron’s credit file. Requests for written documentation shall be maintained in the patron’s credit file until the documentation is obtained. If a bank verification service is used as a primary source of verification, either directly by a certificate holder or by another bank verification service, each service and the certificate holder shall record the date that the patron’s personal checking account information was obtained from the bank by the service.
(5) Verify that the patron’s name is not on:
(i) The list of individuals who have voluntarily requested suspension of credit privileges under § 609a.9 (relating to voluntary credit suspension list).
(ii) The list of individuals who have voluntarily placed themselves on the casino self-exclusion list under Chapter 503a (relating to casino self-exclusion).
(iii) The list of individuals who have been placed on the exclusion list under Chapter 511a (relating to persons required to be excluded).
(d) Verifications performed by a credit clerk under subsection (c), which are required to be recorded in the patron’s credit file, must be accompanied by the signature of the credit clerk who performed the required verifications or filed the relevant information. The date and time of the signature of the credit clerk shall be recorded either electronically or manually contemporaneously with the verification.
(e) A certificate holder may only request credit information concerning a patron from another certificate holder if the patron has credit or has applied for credit with the certificate holder. When requesting credit information on a patron from another certificate holder, the requesting certificate holder shall provide the patron’s name, address of the patron’s residence and the name and location of the patron’s bank with the request. Upon receipt of this information, the certificate holder receiving the request shall furnish to the requesting certificate holder any credit information in its possession concerning the patron.
(f) Unless a patron has already established a patron signature file under § 465a.20(c) (relating to personal check cashing), a patron who has been approved for credit may not be issued a Counter Check until the certificate holder has established a signature file for the patron in accordance with § 465a.20(c).
Authority The provisions of this § 609a.3 amended uder 4 Pa.C.S. § § 1202(b)(30), 13A02(1) and (2) and 1516(a) and (b).
Source The provisions of this § 609a.3 amended May 28, 2021, effective May 29, 2021, 51 Pa.B. 2966. Immediately preceding text appears at serial pages (398850) to (398853).
Cross References This section cited in 58 Pa. Code § 601a.1 (relating to definitions); 58 Pa. Code § 609a.4 (relating to approval of credit limits); 58 Pa. Code § 609a.5 (relating to derogatory information; reduction or suspension of credit); 58 Pa. Code § 609a.12 (relating to duties of certificate holders); 58 Pa. Code § 609a.15 (relating to redemption of Counter Checks); 58 Pa. Code § 609a.16 (relating to substitution and consolidation of Counter Checks); and 58 Pa. Code § 609a.19 (relating to use of an electronic credit system for the processing of Counter Checks and customer deposits).
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