Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman Eustace and Assemblywoman Caride
Prohibits retail mercantile establishments from imposing surcharges on consumer credit card purchases.
CURRENT VERSION OF TEXT
An Act concerning credit card surcharges and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Credit card” means a card, plate or other single credit device that may be used from time to time to obtain credit.
“Merchandise” means any objects, wares, merchandise, commodities, services, or anything offered directly or indirectly to consumers for sale or rental at retail.
“Retail mercantile establishment” means any place of business where merchandise is offered at retail to consumers.
“Surcharge” means any additional amount imposed by a retail mercantile establishment at the time of a sales transaction that increases a charge to a consumer for the use of a credit card.
2. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a retail mercantile establishment to impose a surcharge on a consumer who uses a credit card instead of cash, check, or any similar means of payment.
3. This act shall take effect immediately.
This bill prohibits retailers from imposing a surcharge on consumers for the use of a credit card.
Under the bill, a violation is an unlawful practice under the consumer fraud act. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.