Senate Bill S1048

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 Via A2672 - 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

2023-S1048 - Details

Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S8774

2023-S1048 - 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-S1048 - Sponsor Memo

2023-S1048 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1048
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 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

2023-S1048A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S8774

2023-S1048A (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-S1048A (ACTIVE) - Sponsor Memo

2023-S1048A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1048--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  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] 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
 imprisonment up to one year, or both] FOR  EACH  SUCH  VIOLATION.    THE
 PROVISIONS  OF  THIS  SUBDIVISION  MAY  BE  ENFORCED CONCURRENTLY BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02683-07-3

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