Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 172-H.F.No. 240 
           An act relating to commerce; prohibiting surcharges on 
          credit card sales; prescribing a penalty; proposing 
          coding for new law in Minnesota Statutes, chapter 325G.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325G.051] [SURCHARGES ON CREDIT CARDS.] 
    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. 
    (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. 
     Subd. 2.  [PENALTY.] A seller who violates this section is 
subject to a civil penalty of not more than $500 and shall 
refund the surcharge to each buyer. 
    Approved May 20, 1987