§ 518 — Credit card surcharge notice requirement

New York § 518

• Jurisdiction: New York
• Law GBS: General Business
• Art. 29-A: Unauthorized or Improper Use of Credit Cards and Debit Cards

Text

§ 518. 1. Credit card surcharge notice requirement. Any seller in any\nsales transaction imposing a surcharge on a customer who elects to use a\ncredit card in lieu of payment by cash, check, or similar means shall\nclearly and conspicuously post the total price for using a credit card\nin such transaction, inclusive of surcharge, provided however, any such\nsurcharge may not exceed the amount of the surcharge charged to the\nbusiness by the credit card company for such credit card use. The final\nsales price of any such sales transaction, inclusive of such surcharge,\nshall not amount to a price greater than the posted price for such sales\ntransaction. Nothing in this subdivision shall be deemed to prohibit\nmerchants from offering a two-tier pricing system. For the purposes of\nthis section, "two-tier pricing system" shall mean the tagging or\nposting of two different prices in which the credit card price,\ninclusive of any surcharge, is posted alongside the cash price.\n 2. Any seller who violates the provisions of this section shall be\nliable for a civil penalty, recoverable in an action or proceeding\nbrought in a court of competent jurisdiction not to exceed five hundred\ndollars for each such violation. The provisions of this subdivision may\nbe enforced concurrently by the director or commissioner of a municipal\nconsumer affairs office, or by the town attorney, city corporation\ncounsel, or other lawful designee of a municipality or local government,\nand all moneys collected thereunder shall be retained by such\nmunicipality or local government.\n