Minnesota Legislature
HF 1570
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 03:48pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/09/2023 |
Current Version - as introduced
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A bill for an act
relating to consumer protection; modifying limitations on credit card surcharges;
amending Minnesota Statutes 2022, section 325G.051, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 325G.051, subdivision 1, is amended to read:
Subdivision 1.
Limitation; prohibition.
(a) A sellernew text begin or lessornew text end of goods or services new text begin doing
business in Minnesota new text end may impose a surcharge onnew text begin transactions in Minnesota withnew text end a deleted text begin purchaserdeleted text end new text begin
customernew text end who elects to use a credit new text begin or charge new text end card in lieu of payment by cash, check, or
similar means, providednew text begin :
new text end
(1) new text begin if the sale or lease of goods or services is processed in person, new text end the sellernew text begin or lessornew text end
informs the deleted text begin purchaserdeleted text end new text begin customernew text end of the surcharge both orally at the time of sale and by a sign
conspicuously posted on the seller'snew text begin or lessor'snew text end premisesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(2) if the sale or lease of goods or services is processed through a website or mobile
device, the seller or lessor informs the customer of the surcharge by conspicuously posting
a surcharge notice during the sale, at the point of sale, on the customer order summary, or
on the checkout page of the website;
new text end
new text begin (3) if the sale or lease of services is processed over the phone, the seller or lessor informs
the customer of the surcharge orally;new text end and deleted text begin (2)
deleted text end
new text begin (4)new text end the surcharge does not exceed five percent of the purchase price.
(b) A seller new text begin or lessor new text end of goods or services that establishes and is responsible for deleted text begin itsdeleted text end new text begin the
seller or lessor'snew text end own customer credit new text begin or charge new text end card may not impose a surcharge on a
deleted text begin purchaserdeleted text end new text begin customernew text end who elects to use that creditnew text begin or chargenew text end card in lieu of payment by cash,
check, or similar means.
(c) For purposes of this section "surcharge" means a fee or charge imposed by a sellernew text begin
or lessornew text end upon a deleted text begin buyerdeleted text end new text begin customernew text end that increases the price of goods or services to the deleted text begin buyerdeleted text end new text begin
customernew text end because the deleted text begin buyerdeleted text end new text begin customernew text end uses a credit new text begin or charge new text end card to purchase new text begin or lease new text end the
goods or services. The term does not include a discount offered by a seller new text begin or lessor new text end to a
deleted text begin buyerdeleted text end new text begin customernew text end who makes payment for goods or services by cash, check, or similar means
not involving a credit new text begin or charge new text end card if the discount is offered to all prospective deleted text begin buyersdeleted text end new text begin
customersnew text end and its availability is clearly and conspicuously disclosed to all prospective deleted text begin buyersdeleted text end new text begin
customersnew text end .
new text begin
(d) This subdivision applies to an agent of a seller or lessor.
new text end