An Act To Amend Title 6 Of The Delaware Code Relating To Credit Card Transactions.
Summary
SB 89 amends Delaware’s consumer protection rules for credit card transactions by regulating when sellers may impose credit card surcharges and when they may refuse credit card payments. For sales, service, or lease transactions of $1,500 or less, a seller that regularly accepts credit cards could not charge a surcharge greater than the percentage processing fee charged by the card company. For transactions over $1,500, the bill would prohibit a seller from refusing to accept credit cards and would also prohibit any credit card surcharge.
The bill adds definitions for “credit card” and “surcharge” within Title 6, Chapter 25 of the Delaware Code and creates a new subchapter on credit card surcharges. In practical terms, it would limit how businesses pass payment-processing costs on to consumers and would create a statutory cap on surcharges for smaller transactions while banning surcharges entirely for larger transactions. The measure would affect retailers, service providers, and lessors that regularly accept credit cards, as well as consumers paying by card.
Impact
SB 89 would amend Delaware’s consumer and commercial law in Title 6 by establishing specific limits on credit card surcharges and payment acceptance practices. It would create enforceable rules for businesses that regularly accept credit cards, restricting surcharge amounts on transactions of $1,500 or less and prohibiting both surcharges and refusal of credit card payments on transactions above that threshold. The bill would therefore alter the legal framework governing merchant pricing and payment methods in sales, service, and lease transactions.
Sentiment
The available record shows no committee transcript or vote history, so there is no documented debate or recorded opposition in the materials provided. Based on the bill text and synopsis, the measure appears to be framed as a consumer-protection and fee-limitation proposal, with sponsorship from multiple legislators, suggesting at least some bipartisan or cross-chamber support. However, because no votes or hearing remarks are included, the overall sentiment can only be characterized as neutral to supportive from the sponsorship and purpose of the bill.
Contention
The main policy tension in SB 89 is between consumer protection and merchant flexibility. Supporters would likely favor limiting surcharges and preventing businesses from refusing credit cards on larger purchases, while businesses and payment processors could object that the bill restricts their ability to recover processing costs or manage payment risk. The $1,500 threshold is also a notable point of contention because it creates different rules depending on transaction size, which could be viewed as either a targeted consumer safeguard or an arbitrary line that complicates compliance.