Prohibits seller providing service or selling goods from charging surcharge to customer using debit card or gift card.*

A5110 1R

[First Reprint]

ASSEMBLY, No. 5110

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman� WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Assemblyman� CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblyman Karabinchak

SYNOPSIS

���� Prohibits seller providing service or selling goods
from charging surcharge to customer using debit card or gift card.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Consumer Affairs
Committee on June 4, 2026, with amendments.

��

An Act
concerning the use of debit cards
1
or
gift cards
1
to pay
for
1
goods
or
1
services and amending
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.

����
�Debit card� means any
instrument or device, whether known as a debit card, automated teller machine
card,

1
electronic
benefit transfer card,
1

or by any other name, issued with or without fee by an issuer for the use of
the debit card holder in obtaining money, goods, services or anything else of
value through the electronic authorization of a financial institution to debit
the debit card holder's account.

����
1
�Gift
card� means gift card as that term is defined in section 1 of P.L.2021, c.431
(C.56:8-110.1).
1

���� "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.

(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 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.).�
A seller that imposes a surcharge
on credit card transactions shall clearly and conspicuously disclose, prior to
payment, that the seller is prohibited from applying a surcharge to payments
made by

1
[
cash or
]
1

debit
card

1
or
gift card
1
.

���� 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.

���� c.����
A seller providing a
service

1
or
selling goods
1

shall not impose

1
a
surcharge
1

on a customer who uses a debit card

1
or gift card
1

for
a transaction occurring in New Jersey

1
[
a surcharge
]
1
.

����
d.
��� 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.��� This act shall take
effect immediately.