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Senate Bill S4018

2021-2022 Legislative Session

Relates to the prohibition of fees or surcharges with accepted forms of payment; repealer

download bill text pdf

Sponsored By

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

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2021-S4018 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §392-k, rpld §518, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7266

2021-S4018 (ACTIVE) - Summary

Prohibits sellers from imposing fees or surcharges with accepted forms of payment.

2021-S4018 (ACTIVE) - Sponsor Memo

2021-S4018 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4018
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  prohibiting
   fees  or  surcharges  with  accepted  forms  of payment; 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. The general business law is amended by adding a new section
 392-k to read as follows:
   §  392-K.  ACCEPTED FORM OF PAYMENT; PROHIBITED PRACTICES.  1. FOR THE
 PURPOSES OF THIS SECTION, "DIFFERENTIAL PRICING" SHALL MEAN THE PRACTICE
 OF CHARGING CUSTOMERS DIFFERENT PRICES FOR THE SAME PRODUCT.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION  OR  CORPORATION  WHO  IS
 ENGAGED  IN A SALES TRANSACTION MAY EMPLOY DIFFERENTIAL PRICING BASED ON
 A CONSUMER'S FORM OF PAYMENT WHICH THE SELLER  ACCEPTS  AS  PAYMENT  FOR
 GOODS  OR  SERVICES  INCLUDING,  BUT  NOT  LIMITED TO, IMPOSING A FEE OR
 SURCHARGE FOR USING OR PROCESSING AN ACCEPTED FORM OF PAYMENT.
   3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED ONE THOUSAND DOLLARS.
   § 2. Section 518 of the general business law is REPEALED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08585-01-1

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