Criminal or civil liability prohibited for false arrest or false imprisonment where prima facie evidence of fraud exists and proper notice is given

where prima facie evidence of fraud exists and proper notice is given. In the event of the existence of prima facie evidence of fraudulent intent as defined in KRS 434.695 and proper notice given as required, any person, firm or corporation causing the arrest of a person so using a credit or debit card shall not be criminally or civilly liable for false arrest or false imprisonment.