ASSEMBLY, No. 3758

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

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)

 

Co-Sponsored by:

Assemblyman Eustace and Assemblywoman Caride

 

 

 

 

SYNOPSIS

     Prohibits retail mercantile establishments from imposing surcharges on consumer credit card purchases.

 

CURRENT VERSION OF TEXT

     As introduced.

  


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.

 

 

STATEMENT

 

     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.