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S01048 Summary:

Amd 518, Gen Bus L
Requires sellers to clearly post the credit card price inclusive of any surcharge at the location a sale occurs; does not prohibit merchants from offering a two-tier pricing system; establishes civil penalty not to exceed $500 for each violation.
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S01048 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                     January 9, 2023
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the general business law, in relation to requiring sell-
          ers to clearly post the price of a credit card surcharge
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 518 of the general business law, as added by chap-
     2  ter 160 of the laws of 1984, is amended to read as follows:
     3    § 518. 1. Credit card surcharge [prohibited] notice requirement.  [No]
     4  Any seller in any sales transaction [may impose] imposing a surcharge on
     5  a [holder] customer who elects to use a credit card in lieu  of  payment
     6  by  cash,  check,  or similar means shall clearly and conspicuously post
     7  the total price for using a credit card in such  transaction,  inclusive
     8  of  surcharge,  provided  however, any such surcharge may not exceed the
     9  amount of the surcharge charged to  the  business  by  the  credit  card
    10  company  for  such  credit card use.   The final sales price of any such
    11  sales transaction, inclusive of such surcharge, shall not  amount  to  a
    12  price greater than the posted price for such sales transaction.  Nothing
    13  in  this subdivision shall be deemed to prohibit merchants from offering
    14  a two-tier pricing system. For the purposes of this  section,  "two-tier
    15  pricing system" shall mean the tagging or posting of two different pric-
    16  es in which the credit card price, inclusive of any surcharge, is posted
    17  alongside the cash price.
    18    2.  Any  seller  who  violates the provisions of this section shall be
    19  [guilty of a misdemeanor punishable by a fine] liable for a civil penal-
    20  ty, recoverable in an action or proceeding brought in a court of  compe-
    21  tent  jurisdiction  not  to  exceed  five  hundred dollars [or a term of
    22  imprisonment up to one year, or both] for  each  such  violation.    The
    23  provisions  of  this  subdivision  may  be  enforced concurrently by the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1048--A                          2
     1  director or commissioner of a municipal consumer affairs office,  or  by
     2  the town attorney, city corporation counsel, or other lawful designee of
     3  a  municipality or local government, and all moneys collected thereunder
     4  shall be retained by such municipality or local government.
     5    §  2.  This  act  shall take effect on the sixtieth day after it shall
     6  have become a law.
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