Delaware House Bill HB315

Delaware 2025-2026 Regular Session

• Introduced: 3/5/26
• Refer: 3/5/26

Caption

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CREDIT CARD FEES.

Summary

HB315 amends Delaware’s credit card fee laws to prohibit payment card networks from charging interchange fees on the gratuity portion of an electronic payment transaction, so long as the merchant transmits the tip amount during authorization or settlement. The bill defines key terms such as payment card network, interchange fee, gratuity, merchant, processor, authorization, clearance, and settlement to frame how the prohibition applies to card-based transactions. The bill also creates a process for merchants to recover improperly charged fees if gratuity data was not initially transmitted. A merchant may submit gratuity documentation up to 180 days after the transaction, and the payment card network must then credit back the interchange fees charged on the tip amount within 30 days. The bill further bars networks from shifting fees to other parts of the transaction to evade the prohibition and states that it does not impose liability on networks for inaccurate gratuity data reported by merchants.

Impact

HB315 would amend Title 6 of the Delaware Code by adding and revising provisions governing electronic payment transactions and card-network fees. It would directly affect payment card networks, processors, merchants, and issuers by limiting the fees that can be assessed on tips and by establishing refund and penalty provisions for violations. The bill sets a civil penalty of $1,000 per electronic payment transaction for network violations and requires refunding the interchange fee charged on gratuity amounts, thereby changing the legal treatment of tip-related card processing fees in Delaware.

Sentiment

The available context shows no recorded committee transcript or vote history, so there is no documented floor or committee debate to gauge support or opposition. Based on the bill text and synopsis, the measure appears consumer- and merchant-friendly, with a clear policy goal of preventing card networks from taking fees from gratuities. The absence of recorded opposition in the provided materials suggests the bill was presented as a targeted fee-limitation measure rather than a broadly controversial overhaul.

Contention

The main policy issue is whether payment card networks should be allowed to assess interchange fees on the gratuity portion of card transactions. Supporters would likely view the bill as protecting tips from fee extraction and ensuring merchants are reimbursed when tip data is properly documented. Potential concerns would center on compliance burdens for merchants, the administrative complexity of retroactive tip reporting, and the bill’s restriction on how networks structure fees; however, no specific opposing arguments are included in the provided record.