Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 2629

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

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

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 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, then 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, 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 begin or lessor new text end of goods or services that establishes and is responsible for its 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 .