STATE OF NEW YORK ________________________________________________________________________

2672

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

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. Credit card surcharge prohibited. No seller in any sales trans- 4 action may impose a surcharge on a holder who elects to use a credit 5 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 at the location where the sale occurs, and provided further that 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. 11 Any seller who violates the provisions of this section shall be guilty 12 of a misdemeanor punishable by a fine not to exceed five hundred dollars 13 or a term of imprisonment up to one year, or both. 14 § 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