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Assembly Bill A8734

2019-2020 Legislative Session

Relates to surcharges imposed by sellers for use of a credit card in lieu of other methods of payment

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Archive: Last Bill Status - In Assembly Committee

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2019-A8734 (ACTIVE) - Details

See Senate Version of this Bill:
S5520
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S1394

2019-A8734 (ACTIVE) - Summary

Provides that if a seller engages in differential pricing by offering a discount for payment by cash, check, or similar means, the highest price shall be conspicuously posted; defines terms; increases the penalty from five hundred dollars to one thousand dollars.

2019-A8734 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8734
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced by M. of A. D'URSO -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring sell-
   ers to conspicuously post any credit card surcharges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 518 of the general business law, as added by  chap-
 ter 160 of the laws of 1984, is amended to read as follows:
   §  518.  Credit  card  surcharge prohibited. 1. No seller in any sales
 transaction may impose a surcharge on a holder who elects to use a cred-
 it card in lieu of payment by cash, check, or similar means. THE REGULAR
 PRICE OF ANY PRODUCT SHALL BE CONSPICUOUSLY POSTED.
   2. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL
  HAVE THE FOLLOWING MEANINGS:
   (A) "DISCOUNT" SHALL MEAN A REDUCTION MADE FROM THE REGULAR PRICE.
   (B) "SURCHARGE" SHALL MEAN ANY MEANS OF INCREASING THE  REGULAR  PRICE
 TO  A  CARDHOLDER  WHICH  IS  NOT IMPOSED UPON CUSTOMERS PAYING BY CASH,
 CHECK, OR SIMILAR MEANS.
   (C) "REGULAR PRICE" SHALL MEAN THE TAG OR POSTED PRICE CHARGED FOR THE
 PROPERTY OR SERVICE IF A SINGLE PRICE IS TAGGED OR POSTED, OR THE  PRICE
 CHARGED  FOR  THE  PROPERTY  OR SERVICE WHEN PAYMENT IS MADE BY USE OF A
 CREDIT CARD IF EITHER: (I) NO PRICE IS TAGGED OR  POSTED;  OR  (II)  TWO
 TAGS  OR PRICES ARE POSTED, ONE OF WHICH IS CHARGED WHEN PAYMENT IS MADE
 BY USE OF A CREDIT CARD AND THE OTHER WHEN PAYMENT IS  MADE  BY  USE  OF
 CASH, CHECK, OR SIMILAR MEANS.
   3.  Any  seller  who  violates the provisions of this section shall be
 guilty of a misdemeanor  punishable  by  a  fine  not  to  exceed  [five
 hundred]  ONE THOUSAND dollars or a term of imprisonment up to one year,
 or both.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11394-03-9

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