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Bill H.5450
SECTION 1.
Section 10A of chapter 255D of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by added at the end thereof of the following 3 paragraphs:-
Notwithstanding any general or special law or rule or regulation regulating consumer transactions to the contrary, in any case in which the total transaction amount, including any taxes or fees, ends with 1 cent, 2 cents, 6 cents, or 7 cents as the final digit, and the buyer cannot provide the exact amount in legal tender, the amount of cents in the sum shall be rounded down to the nearest amount divisible by 5 for any buyer seeking to make a payment or portion thereof with legal tender.
In any case in which the total transaction amount, including any taxes or fees, ends with 3 cents, 4 cents, 8 cents, or 9 cents as the final digit, and the buyer cannot provide the exact amount in legal tender, the amount of cents in the sum shall be rounded up to the nearest amount divisible by 5 for any buyer seeking to make a payment or portion thereof with legal tender; provided, however, where the total transaction amount, including any taxes or fees, totals $0.01 or $0.02, and the buyer cannot provide the exact amount in legal tender such transaction may be rounded up to $0.05 for any buyer seeking to make a payment with legal tender. Any person selling goods or services shall calculate and remit any taxes or fees imposed by the commonwealth or by any of its political subdivisions based on the sales price prior to any rounding in transactions completed with legal tender.
The foregoing paragraph shall not apply to goods or services in transactions with legal tender where exact change can be remitted to the buyer without rounding, or where a buyer offers to use as total payment: electronic fund transfer, check, gift card, money order, credit card, or other similar instrument or method not legal tender.
Clear and conspicuous disclosure of rounding is required.
SECTION 2.
The office of consumer affairs and business regulation, in consultation with the department of revenue, shall issue guidance to all persons selling goods or services regarding the required disclosure notice relative to rounding and the use of legal tender or other forms of payment for goods and services.
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