An Act relative to credit card surcharges and transparency in credit card fees
Generates a plain-language summary of the bill text and history.
| Committee | Recommendation | Vote |
|---|---|---|
| J17 | Redraft | 1 entries |
Chapter 140D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out Section 28A and inserting in place thereof the following section:-
(a) (1) With respect to a credit card which may be used for extensions of credit in sales transactions in which the seller is a person other than the card issuer, the card issuer may not, by contract or otherwise, prohibit any such seller from offering a discount to a cardholder to induce the cardholder to pay cash, check or similar means rather than use a credit card. No seller may offer any such discount unless such seller posts a notice disclosing such discount. Such seller shall clearly and conspicuously post such notice on the seller’s premises for in-person transactions, shall post such notice on the Internet website or digital payment application before completing any online transaction or transaction that is processed by way of digital payment application, and that if the seller is processing a credit card payment for a transaction that will occur over the telephone, the seller shall provide verbal notice of any such discount prior to processing the transaction. (2) A seller shall not impose on a customer who uses a credit card for a transaction occurring in the commonwealth a surcharge that is greater than the actual cost to the seller to process the credit card payment. (3) A seller that imposes a surcharge on a customer to process a credit card payment shall disclose the amount of the surcharge, 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 sale or, in the case of a restaurant, on a sign in the customer service area and on the menu; provided, however, that 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; provided further, that 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; and provided further, that the amount of such surcharge be printed on every receipt.
Chapter 140D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out Section 28A and inserting in place thereof the following section:- Section 28A. (a) (1) With respect to a credit card which may be used for extensions of credit in sales transactions in which the seller is a person other than the card issuer, the card issuer may not, by contract or otherwise, prohibit any such seller from offering a discount to a cardholder to induce the cardholder to pay cash, check or similar means rather than use a credit card. No seller may offer any such discount unless such seller posts a notice disclosing such discount. Such seller shall clearly and conspicuously post such notice on the seller’s premises for in-person transactions, shall post such notice on the Internet website or digital payment application before completing any online transaction or transaction that is processed by way of digital payment application, and that if the seller is processing a credit card payment for a transaction that will occur over the telephone, the seller shall provide verbal notice of any such discount prior to processing the transaction. (2) A seller shall not impose on a customer who uses a credit card for a transaction occurring in the commonwealth a surcharge that is greater than the actual cost to the seller to process the credit card payment. (3) A seller that imposes a surcharge on a customer to process a credit card payment shall disclose the amount of the surcharge, 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 sale or, in the case of a restaurant, on a sign in the customer service area and on the menu; provided, however, that 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; provided further, that 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; and provided further, that the amount of such surcharge be printed on every receipt.