STATE OF NEW YORK ________________________________________________________________________

2672--A

2023-2024 Regular Sessions

IN ASSEMBLY

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:

1 Section 1. Section 518 of the general business law, as added by chap- 2 ter 160 of the laws of 1984, is amended to read as follows: 3 § 518. 1. Credit card surcharge prohibited. No seller in any sales 4 transaction may impose a surcharge on a holder who elects to use a cred- 5 it card in lieu of payment by cash, check, or similar means unless such 6 seller clearly posts the credit card price, inclusive of such surcharge, 7 so customers are exposed to the highest tagged or posted price. The 8 final sales price of any such sales transaction, inclusive of such 9 surcharge, shall not amount to a price greater than the posted price for 10 such sales transaction. Nothing in this subdivision shall be deemed to 11 prohibit merchants from offering a two-tier pricing system. For the 12 purposes of this section, "two-tier pricing system" shall mean the 13 tagging or posting of two different prices in which the credit card 14 price, inclusive of any surcharge, is posted alongside the cash price. 15 2. Any seller who violates the provisions of this section shall be 16 guilty of a misdemeanor punishable by a fine not to exceed five hundred 17 dollars or a term of imprisonment up to one year, or both. The 18 provisions of this subdivision may be enforced concurrently by the 19 director or commissioner of a municipal consumer affairs office, or by 20 the town attorney, city corporation counsel, or other lawful designee of 21 a municipality or local government, and all moneys collected thereunder 22 shall be retained by such municipality or local government. 23 § 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