S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1370
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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  Section 518 of the general business law is REPEALED and a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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00967-01-3
              

 A. 1370                             2
 
   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.