New Law Regarding Credit Card Surcharges Goes Into Effect Sunday, February 11, 2024
In an effort to provide better price transparency to consumers, New York is outlawing certain common practices regarding disclosure of credit card surcharges beginning this Sunday, February 11, 2024. Businesses can no longer just post a sign on the door or at the cash register that a fee is applied to all credit card sales, nor advertise that all prices include a cash discount that does not apply to a credit card purchase. Further, charging separate line items on a receipt to credit card users for things like convenience fees, service fees, or processing fees is prohibited.
What This Means for Businesses That Accept Credit Cards
As of this new law, businesses must clearly post the total price of an item or service before checkout. This can be done by displaying both the credit card and the cash price on an item’s price tag or on a menu or by listing the higher credit card price and advertising a cash discount on the price tag or menu. Businesses also have the option to use the same price for both cash and credit card purchases. Importantly, any surcharge charged by the business cannot exceed the amount of the surcharge charged to the business by the credit card company for such credit card use.
Penalties for Businesses Not Complying with the New Law
Businesses who violate these provisions regarding credit card surcharges face a civil penalty of up to $500 for each violation. Local governments can enforce this law and consumers can file complaints with the Division of Consumer Protection for a refund of any excess fees paid to a merchant. Additional guidance on credit card surcharges can be found on the Department of State’s website.
Our Business Attorneys Can Help Your Business Navigate this New Law
If you would like to schedule a consultation to talk about how this new law regarding credit card surcharges may impact your business, please feel free to contact Letty Laskowski at llaskowski@mccmlaw.com or 585-512-3538 or Michael F. McConville at mmcconville@mccmlaw.com or 585-512-3520.
This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.
About MCCM
McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979. With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.
We represent a diverse range of clients located throughout New York State and New England. They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts. For more information, please contact us at 585.546.2500.