Bill Text: NY A01370 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Establishes notice requirements for fees or surcharges imposed by sellers when a credit card is used as payment for the sale of goods or services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-07-15 - enacting clause stricken [A01370 Detail]

Download: New_York-2023-A01370-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1370

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law, in  relation  to  credit  card
          surcharge  or  fee  notice  requirements; and to repeal section 518 of
          such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 518 of the general business law is REPEALED and a
     2  new section 518 is added to read as follows:
     3    § 518. Credit card surcharge; notice requirements.  No  person,  firm,
     4  partnership, association or corporation who is engaged in a sales trans-
     5  action may impose a surcharge or fee for use of a credit card as payment
     6  for  the  sale of goods or services unless such seller complies with the
     7  following requirements:
     8    1. Displayed prices, including  but  not  limited  to  advertisements,
     9  shall include two prices, one of which is the price charged to consumers
    10  using  a  credit  card  and  the other is the price charged to consumers
    11  using an accepted form of payment other than a credit card.
    12    2. A notice shall be  posted  that  explains  the  imposition  of  the
    13  surcharge or fee, the amount of the surcharge and which credit cards are
    14  subject to the surcharge or fee. Such notice shall be legible and posted
    15  at  the  point  of  entry and the point of sale. If the sale of goods or
    16  services is processed through a  website,  the  seller  must  post  such
    17  notice  on  the  home page and the point of sale webpage. If the sale of
    18  goods or services is processed over the phone, such notice including all
    19  required information shall be verbally disclosed to  the  customer.  The
    20  notice  required  by this section shall be prominently and conspicuously
    21  posted at the required locations in a minimum size sixteen font.
    22    3. No surcharge or fee shall exceed four percent of the  total  trans-
    23  action  or  the actual amount to be charged to the seller to process the
    24  credit card transaction, whichever is less.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00967-01-3
        A. 1370                             2

     1    4. No seller shall impose a surcharge or fee for the use  of  a  debit
     2  card.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.