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This entry was published on 2024-02-16
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Credit card surcharge notice requirement
General Business (GBS) CHAPTER 20, ARTICLE 29-A
§ 518. 1. Credit card surcharge notice requirement. Any seller in any
sales transaction imposing a surcharge on a customer who elects to use a
credit card in lieu of payment by cash, check, or similar means shall
clearly and conspicuously post the total price for using a credit card
in such transaction, inclusive of surcharge, provided however, any such
surcharge may not exceed the amount of the surcharge charged to the
business by the credit card company for such credit card use. The final
sales price of any such sales transaction, inclusive of such surcharge,
shall not amount to a price greater than the posted price for such sales
transaction. Nothing in this subdivision shall be deemed to prohibit
merchants from offering a two-tier pricing system. For the purposes of
this section, "two-tier pricing system" shall mean the tagging or
posting of two different prices in which the credit card price,
inclusive of any surcharge, is posted alongside the cash price.

2. Any seller who violates the provisions of this section shall be
liable for a civil penalty, recoverable in an action or proceeding
brought in a court of competent jurisdiction not to exceed five hundred
dollars for each such violation. The provisions of this subdivision may
be enforced concurrently by the director or commissioner of a municipal
consumer affairs office, or by the town attorney, city corporation
counsel, or other lawful designee of a municipality or local government,
and all moneys collected thereunder shall be retained by such
municipality or local government.