SB89 • 2025

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

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Huxtable
Last action: 2025-05-15
Official status: Senate Executive 5/15/25
Effective date: Not listed

Plain English Breakdown

The official source material does not specify penalties for non-compliance with the law.

Law About Credit Card Fees

This law stops sellers from charging extra fees on small credit card purchases and prohibits them from refusing large credit card payments.

What This Bill Does

It says that stores can't charge more than the real fee for using a credit card when buying things under $1,500.
Stores must accept credit cards for big purchases over $1,500.

Who It Names or Affects

People who buy things with credit cards.
Businesses that sell goods or services and take credit card payments.

Terms To Know

Credit Card: A card that lets you pay for things now but pay back later.
Surcharge: An extra fee added to a credit card payment.

Limits and Unknowns

The law does not say what happens if someone breaks these rules.
It is unclear how this will be enforced or who will make sure stores follow the new rules.

Bill History

2025-05-15 Delaware General Assembly
Re-Assigned to Executive Committee in Senate
2025-04-03 Delaware General Assembly
Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CREDIT CARD TRANSACTIONS.
This Act prohibits a seller that regularly accepts payment by credit card from (1) imposing a credit card surcharge greater than the percentage processing fee charged by the credit card company, for transactions of $1,500 or less, and (2) refusing to accept payment by credit card or imposing any credit card surcharge, for transactions that exceed $1,500.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Huxtable & Sen. Townsend & Rep. Harris & Rep. Lambert

Sens. Seigfried, Sturgeon; Reps. Morrison, Osienski, Ross Levin, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 89

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 25, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter XII. Credit Card Surcharges

§ 2600. Definitions.

As used in this subchapter:

(1) “Credit card” means any card or document entitling its holder to obtain any goods or services by the production of the card, document, or information on such card or document, and entitling its holder to tender payment for such goods and services at a later date.

(2) “Surcharge” means any additional amount imposed by a person, retailer, or seller for a credit card transaction that increases the amount of the transaction for the use of the credit card as payment.

§ 2601. Credit Card Surcharges.

In any sales, service, or lease transaction, no person, retailer, or seller that regularly accepts payment by credit card may not do any of the following with regard to a person who elects to use a credit card as payment in lieu of payment by cash, check, or similar means:

(1) For transactions not in excess of $1,500:

(a) Impose a surcharge greater than the percentage processing fee charged by the credit card company.

(2) For transactions in excess of $1,500:

(a) Refuse to accept payment by credit card.

(b) Impose a surcharge.

SYNOPSIS

This Act prohibits a seller that regularly accepts payment by credit card from (1) imposing a credit card surcharge greater than the percentage processing fee charged by the credit card company, for transactions of $1,500 or less, and (2) refusing to accept payment by credit card or imposing any credit card surcharge, for transactions that exceed $1,500.

Author: Senator Huxtable