Senate Bill S1394

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S1394 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S5520

2021-S1394 (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.

2021-S1394 (ACTIVE) - Sponsor Memo

2021-S1394 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1394
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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.
                                                            LBD03598-01-1

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