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

A bill for an act

relating to commerce; prohibiting a seller from imposing a surcharge when the

seller does not accept cash as payment; amending Minnesota Statutes 2024, section

325G.051, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 325G.051, subdivision 1, is amended to read:

Subdivision 1.

Limitation
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; prohibition
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.

(a) A seller or lessor of goods or services doing

business in Minnesota may impose a surcharge on transactions in Minnesota with a customer

who elects to use a credit or charge card in lieu of payment by cash, check, or similar means,

provided:

(1) if the sale or lease of goods or services is processed in person, the seller or lessor

informs the customer of the surcharge both orally at the time of sale and by a sign

conspicuously posted on the seller's or lessor's premises;

(2) if the sale or lease of goods or services is processed through a website or mobile

device, the seller or lessor informs the customer of the surcharge by conspicuously posting

a surcharge notice during the sale, at the point of sale, on the customer order summary, or

on the checkout page of the website;

(3) if the sale or lease of services is processed over the telephone, the seller or lessor

informs the customer of the surcharge orally; and

(4) the surcharge does not exceed five percent of the purchase price.

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(b) A seller or lessor of goods or services that establishes and is responsible for the seller

or lessor's own customer credit or charge card may not impose a surcharge on a customer

who elects to use that credit or charge card in lieu of payment by cash, check, or similar

means.

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(c)
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(b)
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For purposes of this section
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,
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"surcharge" means a fee or charge imposed by a

seller or lessor upon a customer that increases the price of goods or services to the customer

because the customer uses a credit or charge card to purchase or lease the goods or services.
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The term
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Surcharge
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does not include a discount offered by a seller or lessor to a customer

who makes payment for goods or services by cash, check, or similar means not involving

a credit or charge card if the discount is offered to all prospective customers and its

availability is clearly and conspicuously disclosed to all prospective customers.

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(d)
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(c)
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This
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subdivision
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section
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applies to an agent of a seller or lessor.

Sec. 2.

Minnesota Statutes 2024, section 325G.051, is amended by adding a subdivision

to read:

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Subd. 1a.

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Prohibition.

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(a) A seller or lessor of goods or services that establishes and is

responsible for the seller's or lessor's own customer credit or charge card is prohibited from

imposing a surcharge on a customer who elects to use the seller's or lessor's credit or charge

card in lieu of payment by cash, check, or similar means.

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(b) A seller or lessor of goods or services who does not accept cash as payment is

prohibited from imposing a surcharge on transactions in Minnesota.

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