HF 2629

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/13/2021 03:22pm

A bill for an act
relating to consumer protection; modifying limitations on credit card surcharges;
amending Minnesota Statutes 2020, section 325G.051, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 325G.051, subdivision 1, is amended to read:

Subdivision 1.

Limitation; prohibition.

(a) A seller new text begin or lessor new text end of goods or services new text begin doing
business in Minnesota new text end may impose a surcharge on a purchaser who elects to use a credit
card in lieu of payment by cash, check, or similar means, provided (1) the seller deleted text begin informs
the purchaser of the surcharge both orally at the time of sale and by a sign conspicuously
posted on the seller's premises, deleted text end new text begin or lessor clearly, conspicuously, and accurately discloses
the surcharge at the point of entry, at the beginning of the payment transaction, and on every
receipt; new text end and (2) the surcharge does not exceed five percent of the purchase price.

(b) A seller of goods or services that establishes and is responsible for its own customer
credit card may not impose a surcharge on a purchaser who elects to use that credit 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 seller
upon a buyer that increases the price of goods or services to the buyer because the buyer
uses a credit card to purchase the goods or services. The term does not include a discount
offered by a seller to a buyer who makes payment for goods or services by cash, check, or
similar means not involving a credit card if the discount is offered to all prospective buyers
and its availability is clearly and conspicuously disclosed to all prospective buyers.