Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2629

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 04:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8

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 sellernew text begin or lessornew text end of goods or services new text begindoing
business in Minnesota
new text endmay impose a surcharge onnew text begin transactions in Minnesota withnew text end a deleted text beginpurchaserdeleted text endnew text begin
customer
new text end who elects to use a credit new text beginor charge new text endcard in lieu of payment by cash, check, or
similar means, providednew text begin:
new text end

(1) new text beginif the sale or lease of goods or services is processed in person, then new text endthe sellernew text begin or lessornew text end
informs the deleted text beginpurchaserdeleted text endnew 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 endnew 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, then 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, then 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 beginor lessor new text endof goods or services that establishes and is responsible for its own
customer credit new text beginor charge new text endcard may not impose a surcharge on a deleted text beginpurchaserdeleted text endnew 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 lessor
new text end upon a deleted text beginbuyerdeleted text endnew text begin customernew text end that increases the price of goods or services to the deleted text beginbuyerdeleted text endnew text begin
customer
new text end because the deleted text beginbuyerdeleted text endnew text begin customernew text end uses a credit new text beginor charge new text endcard to purchase new text beginor lease new text endthe
goods or services. The term does not include a discount offered by a seller new text beginor lessor new text endto a
deleted text begin buyerdeleted text endnew text begin customernew text end who makes payment for goods or services by cash, check, or similar means
not involving a credit new text beginor charge new text endcard if the discount is offered to all prospective deleted text beginbuyersdeleted text endnew text begin
customers
new text end and its availability is clearly and conspicuously disclosed to all prospective deleted text beginbuyersdeleted text endnew text begin
customers
new text end.