HF 3332

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating surcharges on credit cards; amending Minnesota
Statutes 2006, section 325G.051, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 325G.051, subdivision 1, is amended to
read:

Subdivision 1.

Limitation; prohibition.

(a) A seller of goods or services 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 informs the purchaser of the
surcharge both orally at the time of sale and by a sign conspicuously posted on the seller's
premises, 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.

new text begin (c) A seller of goods or services may impose a minimum amount allowable for
purchases with a credit or debit card.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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.