Fair Payment Protection Act; create.

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To: Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Anderson (110th)

HOUSE BILL NO. 1095

AN ACT TO CREATE THE "FAIR PAYMENT PROTECTION ACT"; TO DEFINE 1
CERTAIN TERMS RELATED TO THIS ACT; TO PROHIBIT BUSINESSES FROM 2
IMPOSING SURCHARGES OR SERVICE CHARGES ON CONSUMERS WHO CHOOSE TO 3
PAY WITH A CREDIT OR DEBIT CARD; TO CLASSIFY SUCH PRACTICES AS 4
UNFAIR OR DECEPTIVE TRADE PRACTICES; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. This act shall be known and may be cited as the 7
"Fair Payment Protection Act". 8
SECTION 2. The following words and phrases have the meanings 9
as provided in this section unless the context clearly indicates 10
otherwise: 11
(a) "Agent" means any person who arranges for the 12
distribution of services by another person, or leases, rents or 13
sells tangible or intangible personal, real or mixed property, or 14
any other article, commodity or thing of value, on behalf of 15
another person, and includes, but is not limited to, any person 16
who is duly appointed as an agent by a common carrier, any person 17
who sells transportation, travel or vacation arrangements on 18
behalf of another person who is engaged in the business of 19
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furnishing transportation, travel or vacation services, and any 20
member of a cruise line association that operates exclusively as 21
an agent for cruise lines to sell cruise travel products or 22
services. "Agent" does not mean a common carrier, an employee of 23
a common carrier, or any person engaged in the business of 24
furnishing transportation, travel or vacation services. 25
(b) "Charge card" means any card, device or instrument 26
that is issued, with or without a fee, to a holder and requires 27
the holder to pay the full outstanding balance due on such card, 28
device or instrument at the end of each standard billing cycle 29
established by the issuer of such card, device or instrument, and 30
may be used by the holder in a transaction to receive services or 31
lease, purchase or rent tangible or intangible personal, real or 32
mixed property, or any other article, commodity or thing of value, 33
and includes, but is not limited to, any software application that 34
is used to store a digital form of such card, device or 35
instrument, and may be used in a transaction to receive such 36
services or lease, purchase or rent any such property, article, 37
commodity or thing. 38
(c) "Credit card" means any card, device or instrument 39
that is issued, with or without a fee, to a holder, and may be 40
used by the holder in a transaction to receive services or lease, 41
purchase or rent tangible or intangible personal, real or mixed 42
property, or any other article, commodity or thing of value on 43
credit, regardless of whether such card, device or instrument is 44
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known as a credit card, credit plate or by any other name, and 45
includes, but is not limited to, any software application that is 46
used to store a digital form of such card, device or instrument, 47
and may be used in a transaction to receive such services or 48
lease, purchase or rent any such property, article, commodity or 49
thing on credit. 50
(d) "Debit card" means any card, code, device or other 51
means of access, or any combination thereof, that is authorized or 52
issued for use to debit an asset account held, directly or 53
indirectly, by a financial institution, and may be used in a 54
transaction to receive services or lease, purchase or rent 55
tangible or intangible personal, real or mixed property, or any 56
other article, commodity or thing of value regardless of whether 57
such card, code, device, means or combination is known as a debit 58
card, and includes, but is not limited to, any software 59
application that is used to store a digital form of such card, 60
code, device or other means of access, or any combination thereof, 61
that may be used in a transaction to receive such services or 62
lease, purchase or rent any such property, article, commodity or 63
thing, and any cards, codes, devices or other means of access, or 64
any combination thereof, commonly known as automated teller 65
machine cards and payroll cards. "Debit card does not mean a 66
check, draft or similar paper instrument, or any electronic 67
representation of such check, draft or instrument. 68
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(e) "Person" means any natural person, corporation, 69
incorporated or unincorporated association, limited liability 70
company, partnership, trust or other legal entity. 71
(f) "Surcharge" means any additional charge or fee that 72
increases the total amount of a transaction for the privilege of 73
using a particular method of payment. 74
(g) "Transaction" means distribution by one person to 75
another person of any service, or the lease, rental or sale by one 76
person of any tangible or intangible personal, real or mixed 77
property, or any other article, commodity or thing of value to 78
another person, for a certain price in this state. "Transaction" 79
does not mean payment of any fees, costs, fines or other charges 80
to a state agency, taxes, penalties, interest and fees allowed by 81
the Department of Revenue, taxes, penalties, interest and fees, or 82
other charges, to a municipality, fees, costs, fines or other 83
charges to the Judicial Branch, or a sum pursuant to any other 84
provision of the general statutes or regulation of Mississippi 85
state agencies. 86
(2) No person may impose a surcharge on any transaction. 87
(3) Nothing in this section shall prohibit any person from 88
offering a discount on any transaction to induce payment by cash, 89
check, debit card or similar means rather than by charge card or 90
credit card. No person may offer any such discount unless such 91
person posts a notice disclosing such discount. Such person shall 92
clearly and conspicuously post such notice on such person's 93
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premises if such person conducts transactions in-person, display 94
such notice on the Internet web site or digital payment 95
application before completing any online transaction or 96
transaction that is processed by way of such digital payment 97
application, and verbally provide such notice before completing 98
any oral transaction, including, but not limited to, any 99
telephonic transaction. 100
(4) No existing or future agreement or contract shall 101
prohibit a gasoline distributor or retailer from offering a 102
discount to a buyer based upon the method such buyer uses to pay 103
for such gasoline. Any provision in such agreement or contract 104
prohibiting such distributor or retailer from offering such 105
discount is void and without effect because such provision is 106
contrary to public policy. 107
(5) No person shall condition acceptance of a charge card or 108
credit card for a transaction on a requirement that the 109
transaction be in a minimum amount unless such person discloses 110
such requirement. Such person shall clearly and conspicuously 111
post such notice on such person's premises if such person conducts 112
transactions in-person, display such notice on the Internet web 113
site or digital payment application before completing any online 114
transaction or transaction processed by way of such digital 115
payment application, and verbally provide such notice before 116
completing any oral transaction, including, but not limited to, 117
any telephonic transaction. 118
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ST: Fair Payment Protection Act; create.
(6) No person may reduce the amount of any commission paid 119
to an agent for such person in a transaction because a charge card 120
or credit card was used to provide payment as part of such 121
transaction. 122
(7) A violation of any provision of this section shall be 123
deemed an unfair or deceptive trade practice. The Attorney 124
General may, after notice and hearing, impose an additional civil 125
penalty for any violation of this act. The amount of such 126
additional civil penalty shall not exceed Five Hundred Dollars 127
($500.00) per violation. 128
(8) The Attorney General may adopt rules and regulations to 129
implement the provisions of this act. 130
SECTION 3. This act shall take effect and be in force from 131
and after July 1, 2026. 132