Bill Text: MS HB1433 | 2013 | Regular Session | Introduced
Bill Title: Credit cards; prohibit seller from imposing a surcharge on the buyer for using.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB1433 Detail]
Download: Mississippi-2013-HB1433-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Banking and Financial Services
By: Representative Lane
House Bill 1433
AN ACT TO PROHIBIT A SELLER OR LESSOR IN A SALES OR LEASE TRANSACTION FROM IMPOSING A SURCHARGE ON THE BUYER OR LESSEE FOR USING A CREDIT CARD IN LIEU OF PAYMENT BY CASH, CHECK OR SIMILAR MEANS; TO PROVIDE FOR CERTAIN EXCEPTIONS; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed under approved state or federal tariffs are not considered to be a surcharge, and charges made under those tariffs are exempt from this section.
(2) This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is clearly and conspicuously offered to all prospective customers.
(3) This section does not apply to a state agency, county, municipality, community hospital or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges or accounts receivable, and assesses the user of the credit card any fees or charges associated with the use of the credit card as an additional charge for processing the credit card payment, so that the user will pay the full cost of using the credit card.
(4) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not more than sixty (60) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
(5) This section does not create a cause of action against an individual for a violation of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
