S T A T E O F N E W Y O R K
________________________________________________________________________
314
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
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:
Section 1. Section 518 of the general business law is REPEALED and a
new section 518 is added to read as follows:
§ 518. CREDIT CARD SURCHARGE; NOTICE REQUIREMENTS. NO PERSON, FIRM,
PARTNERSHIP, ASSOCIATION OR CORPORATION WHO IS ENGAGED IN A SALES TRANS-
ACTION MAY IMPOSE A SURCHARGE OR FEE FOR USE OF A CREDIT CARD AS PAYMENT
FOR THE SALE OF GOODS OR SERVICES UNLESS SUCH SELLER COMPLIES WITH THE
FOLLOWING REQUIREMENTS:
1. DISPLAYED PRICES, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS,
SHALL INCLUDE TWO PRICES, ONE OF WHICH IS THE PRICE CHARGED TO CONSUMERS
USING A CREDIT CARD AND THE OTHER IS THE PRICE CHARGED TO CONSUMERS
USING AN ACCEPTED FORM OF PAYMENT OTHER THAN A CREDIT CARD.
2. A NOTICE SHALL BE POSTED THAT EXPLAINS THE IMPOSITION OF THE
SURCHARGE OR FEE, THE AMOUNT OF THE SURCHARGE AND WHICH CREDIT CARDS ARE
SUBJECT TO THE SURCHARGE OR FEE. SUCH NOTICE SHALL BE LEGIBLE AND POSTED
AT THE POINT OF ENTRY AND THE POINT OF SALE. IF THE SALE OF GOODS OR
SERVICES IS PROCESSED THROUGH A WEBSITE, THE SELLER MUST POST SUCH
NOTICE ON THE HOME PAGE AND THE POINT OF SALE WEBPAGE. IF THE SALE OF
GOODS OR SERVICES IS PROCESSED OVER THE PHONE, SUCH NOTICE INCLUDING ALL
REQUIRED INFORMATION SHALL BE VERBALLY DISCLOSED TO THE CUSTOMER. THE
NOTICE REQUIRED BY THIS SECTION SHALL BE PROMINENTLY AND CONSPICUOUSLY
POSTED AT THE REQUIRED LOCATIONS IN A MINIMUM SIZE SIXTEEN FONT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04214-01-1
A. 314 2
3. NO SURCHARGE OR FEE SHALL EXCEED FOUR PERCENT OF THE TOTAL TRANS-
ACTION OR THE ACTUAL AMOUNT TO BE CHARGED TO THE SELLER TO PROCESS THE
CREDIT CARD TRANSACTION, WHICHEVER IS LESS.
4. NO SELLER SHALL IMPOSE A SURCHARGE OR FEE FOR THE USE OF A DEBIT
CARD.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.