Assembly Bill A2672B

Signed By Governor
2023-2024 Legislative Session

Requires sellers to clearly post the price of a credit card surcharge

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

2023-A2672 - Details

See Senate Version of this Bill:
S1048
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A9679, S8774

2023-A2672 - Summary

Requires sellers to clearly post the credit card price inclusive of any surcharge at the location a sale occurs; does not prohibit merchants from offering a two-tier pricing system; establishes civil penalty not to exceed $500 for each violation.

2023-A2672 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2672
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring sell-
   ers to clearly post the price of a credit card surcharge
 
   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. No seller in any sales trans-
 action  may  impose  a  surcharge on a holder who elects to use a credit
 card in lieu of payment by cash, check, or  similar  means  UNLESS  SUCH
 SELLER CLEARLY POSTS THE CREDIT CARD PRICE, INCLUSIVE OF SUCH SURCHARGE,
 AT  THE  LOCATION  WHERE  THE SALE OCCURS, AND PROVIDED FURTHER THAT 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.
   Any seller who violates the provisions of this section shall be guilty
 of a misdemeanor punishable by a fine not to exceed five hundred 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.
                                                            LBD02683-01-3

co-Sponsors

2023-A2672A - Details

See Senate Version of this Bill:
S1048
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A9679, S8774

2023-A2672A - Summary

Requires sellers to clearly post the credit card price inclusive of any surcharge at the location a sale occurs; does not prohibit merchants from offering a two-tier pricing system; establishes civil penalty not to exceed $500 for each violation.

2023-A2672A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2672--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ -- read once and referred to the
   Committee  on Consumer Affairs and Protection -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the general business law, in relation to requiring sell-
   ers to clearly post the price of a credit card surcharge
 
   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.  1.  Credit  card surcharge prohibited. 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 UNLESS  SUCH
 SELLER CLEARLY POSTS THE CREDIT CARD PRICE, INCLUSIVE OF SUCH SURCHARGE,
 SO  CUSTOMERS  ARE  EXPOSED  TO  THE HIGHEST TAGGED OR POSTED PRICE. 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
 guilty of a misdemeanor punishable by a fine not to exceed five  hundred
 dollars  or  a  term  of  imprisonment  up  to  one year, or both.   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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-04-3

co-Sponsors

2023-A2672B (ACTIVE) - Details

See Senate Version of this Bill:
S1048
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A9679, S8774

2023-A2672B (ACTIVE) - Summary

Requires sellers to clearly post the credit card price inclusive of any surcharge at the location a sale occurs; does not prohibit merchants from offering a two-tier pricing system; establishes civil penalty not to exceed $500 for each violation.

2023-A2672B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2672--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ, REYES -- read once and referred
   to  the  Committee  on  Consumer  Affairs  and Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the Committee  on  Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to requiring sell-
   ers to clearly post the price of a credit card surcharge
 
   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. 1. Credit card surcharge [prohibited] NOTICE REQUIREMENT.  [No]
 ANY seller in any sales transaction [may impose] IMPOSING a surcharge on
 a [holder] 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 PRIC-
 ES 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
 [guilty of a misdemeanor punishable by a fine] LIABLE FOR A CIVIL PENAL-
 TY, RECOVERABLE IN AN ACTION OR PROCEEDING BROUGHT IN A COURT OF  COMPE-
 TENT  JURISDICTION  not  to  exceed  five  hundred dollars [or a term of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-06-3

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