Back 

Credit or Debit Card Surcharges 2013 Legis

Credit or Debit Card Interest, Surcharges and Fees 2013 Legislation

NCSL Resources

NCSL Contact

Online PurchaseUpdated July 15, 2013

The chart lists state legislation introduced or pending during the 2013 legislative session relating to the credit or debit card interest, surcharges and fees.

To date, 64 bills in 27 states have been introduced or are pending in the 2013 legislative session. Out of the total 64 bills, 44 address credit or debit card surcharges.

Missisippi enacted a bill to prohibit sellers from imposing a surcharge on a buyer who uses a state-issued credit card, procurement card, travel card, or fuel card. Texas enacted legislation that prohibit a merchant, in a sale of goods or services, from imposing a surcharge on a buyer who uses a debit or stored value card, excluding a gift card or gift certificate, instead of cash, a check, a credit card, or a similar means of payment. The bill does not apply to a state agency, county, local governmental entity, or other governmental entity that accepts a debit or stored value card for the payment of fees, taxes, or other charges. Utah enacted a bill that prohibits sellers from imposing a surcharge on a transaction for $10,000 or less that is paid for with a credit card.

NOTE:  NCSL is unable to provide assistance or advice in individual cases or transactions. If you have questions regarding credit card interest, surcharges or fees, please contact an attorney or your state attorney general.

AR | CT | HI | IL | KY | MEMD | MA | MI | MSMO | NV | NH | NJNM | NYOKPA | RI | SCTN | TX | UT | VTWAWV | WI
STATES
BILL SUMMARY
Alabama
none
Alaska
none
Arizona
none
Arkansas
H.B. 2028
Signed by governor 4/22/13, Act 1495
Regulates the practices of credit card issuers; and establishes the terms to be used in credit card transactions.
S.B. 291
Withdrawn 4/3/13
Prohibits the collection of credit card surcharges.
California
none
Colorado
none
Connecticut
H.B. 5045
Failed Joint Favorable deadline 3/19/13
Amends §42-133ff to clarify that a cash discount for gasoline also applies to payment for such gasoline by debit card.
S.B. 440
Failed Joint Favorable deadline 3/19/13
Amends §42-133ff to require retail sellers of gasoline to charge the same price for cash and debit purchases.
Delaware
none
District of Columbia
none
Florida
none
Georgia
none
Guam
not available
Hawaii
S.B. 470
To conference committee 4/11/13
Prohibits retailers from imposing credit card surcharges in certain instances.
Idaho
none
Illinois
H.B. 977
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to impose a surcharge upon a consumer who elects to pay by use of a credit card instead of making payment by cash, check, or similar means of payment.
H.B. 2328
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to impose a surcharge upon a consumer who elects to pay by use of a credit card instead of making payment by cash, check, or similar means of payment.
Indiana
none
Iowa
none
Kansas
none
Kentucky
H.B. 256
Creates a new section of KRS Chapter 365 to prohibit the imposition of a surcharge on a buyer based on method of payment.
H.B. 259
Passed House 2/28/13
Creates a new section of KRS Chapter 365 to require disclosure of the imposition of a surcharge on a buyer based on method of payment.
S.B. 194
Creates a new section of KRS Chapter 365 to prohibit the imposition of a surcharge on a buyer based on method of payment.
Louisiana
none
Maine
L.D. 393
This bill limits the maximum interest rates and finance charges charged on consumer credit and consumer loans to 18 percent.
L.D. 1067
This bill proposes to amend the Maine Consumer Credit Code - Truth in Lending laws to allow a small retail business to impose a surcharge on a purchase of a customer who elects to use a credit card or debit card that increases the regular price and that is not imposed on a purchase of a customer who pays by cash, check or similar means.
Maryland
H.B. 1167
Prohibits a seller from imposing a surcharge, in any sales transaction, on a cardholder who elects to use a credit card instead of payment by cash, check, or similar means.
H.B. 1218
Prohibits a merchant that accepts payment by credit card from imposing a specified surcharge on a buyer who elects to use a credit card to make payment in a sales transaction for consumer goods or consumer services; provides that the Act does not prohibit a merchant from offering a discount for a specified purpose if the discount is offered to all prospective buyers.
Massachusetts
H.B. 265
Provides that nothing shall prohibit any seller from offering a discount for the purchase of gas to a buyer to induce such buyer to pay by cash, debit card, check or similar means rather than by credit card, provided the discount is offered to all prospective buyers and the availability of the discount is clearly and conspicuously disclosed.
H.B. 1598
Provides that when there is a collection action against a consumer for collection on a credit card, the credit card company can collect up to the usury rate and no more. Any change of terms to the credit card contract must be counter signed by the consumer in order to be effective. Any legal action involving a credit card contract, that claims to have charged an interest rate in excess of the usury rate, shall be barred from being heard in Massachusetts state courts. Under any action for a credit card company, brought in Massachusetts, Massachusetts Law shall control. If a credit card company has charged a usurious rate on a credit card, the statute of limitations is hereby changed to 30 days.
Michigan
H.B. 4195
Prohibits certain pricing practices for credit card sales of gasoline.
H.B. 4255
Prohibits surcharges on credit card purchases.
S.B. 240
Prohibits surcharges on credit card purchases.
Minnesota
none
Mississippi
H.B. 759
Died in committee 2/5/13
Prohibits a seller in the sale of goods or services from imposing a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment; provides for a penalty for violations of this act.
H.B. 964
Signed by governor 3/20/13
Amends §31-7-9 to prohibit sellers in sales of goods or services from imposing a surcharge on a buyer who uses a state-issued credit card, procurement card, travel card, or fuel card.
H.B. 1433
Died in committee 2/5/13
Prohibits a seller or lessor in a sales or lease transaction from imposing a surcharge on the buyer or lessee for using a credit card in lieu of payment by cash, check or similar means; provides for certain exceptions; provides criminal penalties for violations of this section.
Missouri
H.B. 495
Prohibits sellers or lessors from passing credit card surcharges on to consumers in a transaction.
H.B. 496
This bill prohibits a merchant or lessor, with the exception of specified government entities, from imposing a surcharge that increases the amount charged to a buyer or lessee electing to use a credit or charge card for any sales or lease transaction.
S.B. 354
This act bans merchants from charging surcharge fees to customers who elect to pay by credit or debit card if the merchant accepts payment by credit or debit card. Any person or merchant that willfully and knowingly violates this act is guilty of a Class D felony and subject to unlawful merchandising penalties.
Montana
none
Nebraska
none
Nevada
A.B. 220
This bill prohibits a payee from applying a surcharge to any purchase made by credit card. This bill also authorizes a payee to increase the cost of a good or service if the issuer of the credit card charges the payee a fee to process the transaction so long as the increase in cost is charged uniformly to all buyers who purchase with any form of payment the same goods or services.
New Hampshire
H.B. 682
This bill makes it an unfair and deceptive consumer practice to impose a surcharge upon a consumer who elects to pay for goods or services with a credit card.
New Jersey
A.B. 3743
For further actions see A.B. 3758
S.B. 2550
Prohibits retail mercantile establishments from imposing certain surcharges on consumers.
A.B. 3758
S.B. 2533
Passed Senate 2/7/13
Prohibits retail mercantile establishments from imposing surcharges on consumer credit card purchases.
A.B. 3867
Prohibits retail mercantile establishments from imposing credit card surcharges on consumers.
A.B. 3868
Requires retail mercantile establishments to disclose surcharges on consumer credit card transactions; provides certain limitations on surcharge amounts.
A.R. 137
S.R. 90
Urges financial institutions to forgive interest payments for two months to credit card customers affected by Hurricane Sandy.
S.B. 1243
Prohibits retail motor fuel dealer from charging a credit card customer in excess of four percent of purchase price for same fuel to customer paying by cash.
New Mexico
H.B. 545
Prohibits a surcharge on certain transactions.
New York
A.B. 805
Provides that any charges assessed by a credit card company for late payment shall not exceed one and one-half percent of the unpaid balance of any bill or $15.
A.B. 871
Relates to gas station credit cards; requires gas stations charge the same rate for purchases of gasoline made by gas station credit cards as they charge for purchases made by cash.
A.B. 900
Prohibits the imposition of a surcharge by a seller in a sales transaction on a holder who uses a debit card.
A.B. 1369
Provides that any charges assessed by a credit card company for late payment shall not exceed five percent of the unpaid balance of any bill, including any interest thereon, or $20, whichever amount is less.
A.B. 1641
Prohibits gas stations from advertising only cash discounted prices.
A.B. 3423
Provides a 15 day grace period for the imposition of late fees for credit card bills.
A.B. 3887
S.B. 3063
Prohibits method of payment pricing of gasoline, wherein the price per gallon of motor fuel of like grade or quality that is offered for sale or sold by a retail outlet using a credit or debit card varies by more than three percent of the cash price.
A.B. 3990
S.B. 748
Provides for distribution to the public, over the internet, of information regarding credit card rates, charges, terms and other conditions; further provides for dissemination of information over the internet regarding types of bank accounts available, requirements for opening an account, and all fees charged the customer, including monthly fees and transaction fees.
A.B. 5686
Requires commercial establishments imposing credit card surcharges or fees to disclose such information to purchasers.
S.B. 3231
Prohibits late charges on credit cards where the holder of the credit card makes a payment within 10 days of the payment due date.
North Carolina
none
North Dakota
none
N. Mariana Islands not available
Ohio
none
Oklahoma
H.B. 1829
Signed by governor 4/22/13, Chapter 99
Relates to consumer credit; relates to the Uniform Consumer Credit Code; modifies definition; updates citation; requires creditor give additional information to the consumer if certain conditions exist; describes method for creditor to apply certain interest rates.
Oregon
none
Pennsylvania
H.B. 750
Prohibits retailers from imposing surcharges on transactions made with credit cards; provides for discounts for transactions made with cash consideration; and imposes penalties.
Puerto Rico
none
Rhode Island
H.B. 5213
This act prohibits retailers from imposing surcharges on consumers who utilize credit cards to purchase goods, services or lease transactions in lieu of payments by cash, check or similar means. Violations would be punishable by fine or imprisonment or both.
South Carolina
H.B. 3477
Adds §39-1-100 so as to prohibit a seller from imposing a surcharge on a consumer who elects to use a credit card in lieu of payment by cash, check, or similar means, provides clarification and exceptions, provides penalties, and defines terms.
South Dakota
none
Tennessee
H.B. 897
S.B. 1117
Prohibits a seller or lessor in any sales or lease transaction or any entity issuing credit or charge cards from imposing a surcharge on a card holder who elects to use a credit or charge card in lieu of payment by cash, check or similar means.
Texas
H.B. 225
Relates to the imposition of a surcharge for the use of a credit card for payments under a commercial or residential real estate lease.
H.B. 2548
Signed by governor 5/18/13, Chapter 63
Amends the Finance Code to transfer from the Finance Commission of Texas to the consumer credit commissioner the exclusive jurisdiction to enforce statutory provisions prohibiting the imposition of a surcharge for the use of a credit card. The bill also clarifies that the finance commission may adopt rules relating to the enforcement of such a prohibition.
H.B. 3068
Signed by governor 6/14/13, Chapter 703
Amends the Finance Code to prohibit a merchant, in a sale of goods or services, from imposing a surcharge on a buyer who uses a debit or stored value card, excluding a gift card or gift certificate, instead of cash, a check, a credit card, or a similar means of payment. The bill does not apply to a state agency, county, local governmental entity, or other governmental entity that accepts a debit or stored value card for the payment of fees, taxes, or other charges.
Utah
S.B. 67
Signed by governor 4/1/13, Chapter 421
This bill: defines terms; prohibits sellers from imposing a surcharge on a transaction for $10,000 or less that is paid for with a credit card; repeals the provisions in this bill related to credit card surcharges on June 30, 2014, subject to sunset review; and makes technical changes.
Vermont
S.B. 87
This bill proposes to prohibit merchants from imposing a surcharge on persons electing to pay with a credit card in lieu of another payment type.
Virginia
none
Virgin Islands not available
Washington
H.B. 1870
Passed House 3/7/13
Prohibits a person from imposing a surcharge on a cardholder who elects to use a credit card in lieu of other payment.
West Virginia
S.B. 499
Prohibits surcharges by sellers on credit card usage by consumers as method of payment; and requires sellers to make clear and conspicuous disclosure of all fees otherwise charged.
Wisconsin
A.B. 239
This bill prohibits a merchant, in a consumer credit transaction, from imposing a surcharge (also known as a swipe fee, convenience fee, or checkout fee) on a customer for using a credit card in lieu of payment by cash, check, or similar means. However, the merchant may offer a discount to a customer to induce the customer to pay by cash, check, or similar means, rather than by use of a credit card. A merchant that violates this prohibition on credit card surcharges is liable to the customer in the amount of $25 and any actual damages sustained by the customer.
S.B. 213
This bill prohibits a merchant, in a consumer credit transaction, from imposing a surcharge (also known as a swipe fee, convenience fee, or checkout fee) on a customer for using a credit card in lieu of payment by cash, check, or similar means. However, the merchant may offer a discount to a customer to induce the customer to pay by cash, check, or similar means, rather than by use of a credit card. A merchant that violates this prohibition on credit card surcharges is liable to the customer in the amount of $25 and any actual damages sustained by the customer.
Wyoming
none
Powered by State Net
 
Share this: 
We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill.

NCSL Member Toolbox

Denver

7700 East First Place
Denver, CO 80230
Tel: 303-364-7700 | Fax: 303-364-7800

Washington

444 North Capitol Street, N.W., Suite 515
Washington, D.C. 20001
Tel: 202-624-5400 | Fax: 202-737-1069

Copyright 2014 by National Conference of State Legislatures