Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Senators Holzapfel, Pennacchio, Pou and Ruiz
Prohibits retail mercantile establishments from imposing certain surcharges on consumers.
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. No retail mercantile establishment shall impose a surcharge on a consumer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means, in any sales transaction.
As used in this section, “retail mercantile establishment” means any place of business where merchandise or services are offered for sale at retail to consumers.
2. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
3. This act shall take effect immediately.
This bill prohibits retailers from imposing a surcharge on a consumer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means, in any sales transaction.
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.