Charges for Credit & Charge Cards.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 13
Committee Substitute Favorable 4/29/25
Committee Substitute #2 Favorable 6/24/25
Committee Substitute #3 Favorable 9/23/25

Short Title: Charges for Credit & Charge Cards. (Public)
Sponsors:
Referred to:
January 30, 2025
*H13-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO REGULATE T HE AMOUNT A MERCHANT MAY CHARGE CUSTOMER S 2
FOR PAYMENTS BY CRED IT CARD OR CHARGE CA RD AND TO INCREASE T HE 3
FEE PAID TO THE SECR ETARY OF STATE FOR F ILING ARTICLES OF 4
INCORPORATION UNDER THE NORTH CAROLINA N ONPROFIT CORPORATION 5
ACT. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. Article 13 of Chapter 66 of the General Statutes is amended by adding 8
a new section to read: 9
"§ 66-67.10. Charges for payments by credit card or charge card. 10
(a) In this section, the following definitions apply: 11
(1) Merchant. – A person that engages in the business of selling goods or services 12
at retail. 13
(2) Payment card entity. – An entity involved in facilitating or processing an 14
electronic transfer of funds between a merchant and a customer using a credit 15
card or charge card. 16
(b) A merchant operating in this State shall not impose a charge for payments by credit 17
card or charge card that is more than two percent (2%) of the total transaction . If a merchant 18
operating in this State advertises that it accepts payments by credit card or charge card and 19
imposes a charge for the se payments, the merchant shall clearly and conspicuously disclose at 20
the point of entry and the point of sale for in-person transactions and the homepage and webpage 21
for online transactions the amount of the charge. Notice, including all required information, shall 22
be verbally disclosed to the customer for transactions processed over the phone. 23
(c) A merchant may offer discounts for the purpose of inducing payment by cash, check, 24
or other means not involving the use of a credit card or charge card, provided that the discount is 25
offered to all prospective customers and its availability is disclosed to all prospective customers 26
clearly and conspicuously. 27
(d) A merchant shall not charge for use of a credit card or charge card in lieu of another 28
means of payment if at the time of transaction only credit ca rds or charge cards are accepted as 29
payment by that merchant. 30
(e) The Secretary of Commer ce may assess a civil penalty against a merchant for a 31
violation of this section. A merchant who violates this section is subject to a penalty of up to five 32
hundred dollars ($500.00) per violation. A merchant who receives a citation for a first violation 33
of this section is not subject to the penalty provided in this subsection if the merchant establishes 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 13-Fourth Edition
to the Secretary of Commerce that the merchant came into compliance with this section within 1
30 days of the issuance of the citation, has compensated affected consumers, and the merchant 2
has remained in compliance with this section. The clear proceeds of civil penalties imposed 3
pursuant to this subsec tion shall be remitted to the Civil Penalty and Forfeiture Fund in 4
accordance with G.S. 115C-457.2." 5
SECTION 2. G.S. 55A-1-22 reads as rewritten: 6
"§ 55A-1-22. Filing, service, and copying fees. 7
(a) The Secretary of State shall collect the following fees when the documents described 8
in this subsection are delivered to the Secretary for filing: 9
10
Document Fee 11
(1) Articles of incorporation $60.00$65.00 12
…." 13
SECTION 3. Section 1 of this act becomes effective January 1, 2026, and applies to 14
payments made on or after that date. The remainder of this act is effective when it becomes law. 15