New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S3697

Introduced
9/30/24  

Caption

Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.

Impact

The legislation establishes mandatory notice requirements for sellers regarding credit card payment conditions. Sellers who set a minimum transaction amount for credit card use must disclose this requirement clearly. Furthermore, if sellers provide discounts for payments made via cash, check, or debit, they are mandated to announce these discounts conspicuously to consumers. The provisions of the bill do not affect the existing rules governing motor fuel retail dealers, thereby allowing them to continue operating under the current framework.

Summary

Senate Bill 3697, introduced in New Jersey, aims to enhance consumer protections regarding credit card transactions. The bill specifically prohibits sellers from imposing any surcharge on customers who choose to pay via credit card. Under current regulations, sellers are permitted to impose a surcharge that does not exceed the actual cost of processing the credit card payment. This amendment is intended to provide clearer rights for consumers and prevent unexpected charges at the point of sale.

Contention

A notable point of contention surrounding S3697 could stem from the balance between protecting consumers and the economic interests of sellers. By prohibiting surcharges, the bill could potentially limit the avenues through which businesses choose to manage their transaction costs. This might lead to debates about economic freedom and the ability of businesses to set their pricing structures. Sellers may argue that the bill restricts their capacity to pass on credit processing costs effectively, which may affect their profit margins, especially in industries where credit transactions are prevalent.

Companion Bills

NJ A4923

Same As Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.

Previously Filed As

NJ S595

Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.

NJ A4807

Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.

NJ S4107

Prohibits seller providing service or selling goods from charging surcharge to customer using debit card or gift card.

NJ A5110

Prohibits seller providing service or selling goods from charging surcharge to customer using debit card or gift card.*

NJ A603

Prohibits retail mercantile establishments from imposing surcharges on consumer credit card purchases.

NJ SB677

Sales transactions; discounts inducing payment by cash, check, or similar means; options; disclosure; surcharges; repealing provision prohibiting surcharge on use of credit and debit card. Effective date.

NJ SB677

Sales transactions; discounts inducing payment by cash, check, or similar means; options; disclosure; surcharges; repealing provision prohibiting surcharge on use of credit and debit card. Effective date.

NJ HB1260

Consumer credit; discounts; cash; check; charges; credit card; debit card; line item; effective date.

NJ HB1260

Consumer credit; discounts; cash; check; charges; credit card; debit card; line item; effective date.

NJ SF3875

Prohibit a seller from imposing a surcharge when the seller does not accept cash as payment

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