SENATE, No. 2550

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

Senator  NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Senators Holzapfel, Pennacchio, Pou and Ruiz

 

 

 

 

SYNOPSIS

     Prohibits retail mercantile establishments from imposing certain surcharges on consumers.

 

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.    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.

 

 

STATEMENT

 

     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.