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A4807
ASSEMBLY, No. 4807
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 23, 2026
Sponsored by:
Assemblyman� JERRY WALKER
District 31 (Hudson)
SYNOPSIS
���� Prohibits seller from charging credit card
surcharges; establishes notice requirements for credit card minimums and cash
discounts.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning credit card surcharges and amending and
supplementing P.L.2023, c.146.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.2023,
c.146 (C.56:8-156.1) is amended to read as follows:
���� 1.��� As used in this act:
���� "Credit card" means
a card, plate, charge card, charge plate, or other single credit device that
may be used from time to time to obtain credit.
���� "Goods" means any
beverage, chattels, foodstuffs, products, or wares of any type or description
but shall not include "motor fuel."
���� "Motor fuel" means
any combustible liquid or gaseous substance used, or suitable, for the
generation of power to propel motor vehicles.
���� "Restaurant" means
an establishment in which the principal business is the sale of food or
beverages for consumption on or off the premises.
���� "Seller" means a
person who sells, leases, or rents goods or services to a customer.
���� "Surcharge" means
any additional amount imposed by a seller at the time of a credit card
transaction that increases a charge to a customer for the use of a credit card.
����
�Transaction� means the
sale of goods, services, or anything of value to a consumer, but excludes the
payment of any:� (1) fees, costs, fines, or other charges to a State agency;
(2) taxes, penalties, interest, and fees; (3) taxes, penalties, interest, and
fees, or other charges, to a municipality; (4) fees, costs, fines, or other
charges to the judiciary; or (5) sum pursuant to any other provision of State
law or regulation.
(cf: P.L.2023, c.146, s.1)
���� 2.��� Section 2 of P.L.2023,
c.146 (C.56:8-156.2) is amended to read as follows:
���� 2. a. A seller shall not
impose
a surcharge
on a customer who uses a credit card for a
transaction occurring in New Jersey
[
a
surcharge that is greater than the actual cost to the seller to process the
credit card payment.� A seller subject to the provisions of P.L.2023, c.146
(C.56:8-156.1 et seq.) shall make available to the Director of the Division of
Consumer Affairs in the Department of Law and Public Safety for inspection any
account books, papers, documents, and other records necessary to enable the
director to determine reasonable compliance with the provisions of P.L.2023,
c.146 (C.56:8-156.1 et seq.)
]
.
���� b.���
[
A seller that
imposes a surcharge on a customer to process a credit card payment shall
disclose the amount of the surcharge to a customer, prior to the customer
incurring any charge for goods or services, by, in the case of a seller other
than a restaurant, posting clear and conspicuous notice on a sign at the point
of entry and point of sale or, in the case of a restaurant, on a sign in the
customer service area and on the menu, except:
���� (1) if the seller is
processing a credit card payment for a transaction that will occur through an
Internet website, a mobile application, or an electronic kiosk, the seller
shall provide clear and conspicuous electronic notice on the checkout page of
the Internet website, mobile application, or electronic kiosk prior to
processing the transaction; or
���� (2) if the seller is
processing a credit card payment for a transaction that will occur over the
telephone, the seller shall provide verbal notice prior to processing the
transaction.
]
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� c.���� A violation of this
section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
(cf: P.L.2023, c.146, s.2)
���� 3.��� (New section) A seller
that conditions acceptance of a credit card for a transaction on a requirement
that the transaction be in a minimum amount shall disclose the requirement and
the minimum amount by, in the case of a seller other than a restaurant, posting
clear and conspicuous notice on a sign at the point of entry and point of sale
or, in the case of a restaurant, on a sign in the customer service area and on
the menu, except:
���� a.���� if the seller is
processing a credit card payment for a transaction that will occur through an
Internet website, a mobile application, or an electronic kiosk, the seller
shall provide clear and conspicuous electronic notice on the checkout page of
the Internet website, mobile application, or electronic kiosk prior to
processing the transaction; or
���� b.��� if the seller is
processing a credit card payment for a transaction that will occur over the
telephone, the seller shall provide verbal notice prior to processing the
transaction.
���� 4.��� (New section) a. A
seller that offers a discount on a transaction to induce payment by cash,
check, debit card, or similar means rather than by a credit card shall post a
notice disclosing the discount by, in the case of a seller other than a
restaurant, posting clear and conspicuous notice on a sign at the point of
entry and point of sale or, in the case of a restaurant, on a sign in the
customer service area and on the menu, except:
���� (1)�� if the seller is
processing a credit card payment for a transaction that will occur through an
Internet website, a mobile application, or an electronic kiosk, the seller
shall provide clear and conspicuous electronic notice on the checkout page of
the Internet website, mobile application, or electronic kiosk prior to
processing the transaction; or
���� (2)�� if the seller is
processing a credit card payment for a transaction that will occur over the
telephone, the seller shall provide verbal notice prior to processing the
transaction.
���� b.��� This section shall not
apply to a motor fuel retail dealer.
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits a seller
from imposing a credit card surcharge on a customer using a credit card for a
transaction occurring in the State.� Under current law, a seller may impose a
credit card surcharge that is no greater than the actual cost to the seller to
process the credit card payment.� The bill also establishes certain notice
requirements for sellers that condition the acceptance of a credit card on a
minimum transaction amount and for sellers that offer a discount on
transactions to induce payment by cash, check, or debit card rather than by
credit card.� The bill does not apply to the existing notice requirements for
motor fuel retail dealers that sell similar fuels at different prices to
customers that use cash and customers that use credit cards.