ASSEMBLY, No. 3867

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2013

 


 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Prohibits retail mercantile establishments from imposing credit card surcharges on consumers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning credit card surcharges and supplementing Title 56 of the Revised Statutes.

 

     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.    A retail mercantile establishment shall not impose a surcharge on a consumer who uses a credit card in lieu of payment by cash, check, or any similar means of payment.

 

     3.    A retail mercantile establishment that violates this act shall be subject to a civil penalty of $250 for the first offense, $500 for the second offense, and not less than $1,000 for the third and each subsequent offense, to be collected in a civil action by a summary proceeding brought by the Attorney General pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits retail mercantile establishments from imposing a surcharge on consumers for the use of a credit card.

     A retail merchant establishment that violates the provisions of this bill is subject to a civil penalty of $250 for the first offense, $500 for the second offense, and not less than $1,000 for the third and each subsequent offense, to be collected in a civil action by a summary proceeding brought by the Attorney General pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).