SF 3875
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/27/2026 10:02 a.m.
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A bill for an act
relating to commerce; prohibiting a seller from imposing a surcharge when the
seller does not accept cash as payment; amending Minnesota Statutes 2024, section
325G.051, subdivision 1, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 325G.051, subdivision 1, is amended to read:
Subdivision 1.
Limitationdeleted text begin ; prohibitiondeleted text end .
(a) A seller or lessor of goods or services doing
business in Minnesota may impose a surcharge on transactions in Minnesota with a customer
who elects to use a credit or charge card in lieu of payment by cash, check, or similar means,
provided:
(1) if the sale or lease of goods or services is processed in person, the seller or lessor
informs the customer of the surcharge both orally at the time of sale and by a sign
conspicuously posted on the seller's or lessor's premises;
(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;
(3) if the sale or lease of services is processed over the telephone, the seller or lessor
informs the customer of the surcharge orally; and
(4) the surcharge does not exceed five percent of the purchase price.
deleted text begin
(b) A seller or lessor of goods or services that establishes and is responsible for the seller
or lessor's own customer credit or charge card may not impose a surcharge on a customer
who elects to use that credit or charge card in lieu of payment by cash, check, or similar
means.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end For purposes of this sectionnew text begin ,new text end "surcharge" means a fee or charge imposed by a
seller or lessor upon a customer that increases the price of goods or services to the customer
because the customer uses a credit or charge card to purchase or lease the goods or services.
deleted text begin The termdeleted text end new text begin Surchargenew text end does not include a discount offered by a seller or lessor to a customer
who makes payment for goods or services by cash, check, or similar means not involving
a credit or charge card if the discount is offered to all prospective customers and its
availability is clearly and conspicuously disclosed to all prospective customers.
deleted text begin (d)deleted text end new text begin (c)new text end This deleted text begin subdivisiondeleted text end new text begin sectionnew text end applies to an agent of a seller or lessor.
Sec. 2.
Minnesota Statutes 2024, section 325G.051, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Prohibition. new text end
new text begin
(a) A seller or lessor of goods or services that establishes and is
responsible for the seller's or lessor's own customer credit or charge card is prohibited from
imposing a surcharge on a customer who elects to use the seller's or lessor's credit or charge
card in lieu of payment by cash, check, or similar means.
new text end
new text begin
(b) A seller or lessor of goods or services who does not accept cash as payment is
prohibited from imposing a surcharge on transactions in Minnesota.
new text end