Connecticut 2022 Regular Session

Connecticut House Bill HB05150 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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5	5	LCO No. 1249 1 of 14
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7	7	General Assembly Raised Bill No. 5150
8	8	February Session, 2022
9	9	LCO No. 1249
10	10
11	11
12	12	Referred to Committee on GENERAL LAW
13	13
14	14
15	15	Introduced by:
16	16	(GL)
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18	18
19	19
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21	21	AN ACT CONCERNING THE DEPARTMENT OF CONSUMER
22	22	PROTECTION’S RECOMMENDATIONS REGARDING CONSUMERS,
23	23	RETAILERS AND CREDIT TRANSACTIONS.
24	24	Be it enacted by the Senate and House of Representatives in General
25	25	Assembly convened:
26	26
27	27	Section 1. Section 21a-79 of the general statutes is repealed and the 1
28	28	following is substituted in lieu thereof (Effective October 1, 2022): 2
29	29	(a) For the purposes of this section: [(1) "consumer commodity" and 3
30	30	"unit of a consumer commodity" have] 4
31	31	(1) "Alcoholic liquor" has the same meaning as provided in section 5
32	32	30-1; 6
33	33	(2) "Carbonated soft drink container" means an individual, separate 7
34	34	sealed glass, metal or plastic bottle, can, carton or jar containing a 8
35	35	carbonated liquid soft drink that is sold separately or in packages of not 9
36	36	more than twenty-four individual containers; 10
37	37	(3) "Consumer commodity" has the same meaning as provided in 11
38	38	section 21a-73, except that consumer commodity does not include 12 Raised Bill No. 5150
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40	40
41	41
42	42	LCO No. 1249 2 of 14
43	43
44	44	alcoholic liquor [, as defined in subdivision (3) of section 30-1,] or a 13
45	45	carbonated soft drink container; [(2) "carbonated soft drink container" 14
46	46	means an individual, separate, sealed glass, metal or plastic bottle, can, 15
47	47	jar or carton containing a carbonated liquid soft drink sold separately or 16
48	48	in packages of not more than twenty-four individual containers; (3) 17
49	49	"universal product coding"] 18
50	50	(4) "Electronic pricing system" means a system that utilizes, by means 19
51	51	of a scanner, universal product coding bar codes in combination with a 20
52	52	cash register to record and total a consumer's purchases; 21
53	53	(5) "Electronic shelf labeling system" means an electronic system that 22
54	54	utilizes an electronic device which (A) is attached to a shelf, or at any 23
55	55	other point of sale, immediately above or below an item, (B) clearly and 24
56	56	conspicuously displays to consumers the price and unit price of a 25
57	57	consumer commodity, and (C) reads the same data as an electronic cash 26
58	58	register scanning system; 27
59	59	(6) "End cap display" means a location in a retail sales area that is at 28
60	60	the immediate end of an aisle; 29
61	61	(7) "Unit of a consumer commodity" has the same meaning as 30
62	62	provided in section 21a-73; and 31
63	63	(8) "Universal product coding" means any system of coding that 32
64	64	entails electronic pricing. [; (4) an electronic shelf labeling system is an 33
65	65	electronic system that utilizes an electronic device attached to the shelf 34
66	66	or at any other point of sale, immediately below or above the item, that 35
67	67	conspicuously and clearly displays to the consumer the unit price and 36
68	68	the price of the consumer commodity. Such electronic shelf labeling 37
69	69	system reads the exact same data as the electronic cash register scanning 38
70	70	system; and (5) an electronic pricing system is a system that utilizes the 39
71	71	universal product coding bar code by means of a scanner in combination 40
72	72	with the cash register to record and total a customer's purchases.] 41
73	73	(b) (1) (A) Any person who, or association, corporation, firm [,] or 42
74	74	partnership [, association or corporation] that, [utilizes] uses universal 43 Raised Bill No. 5150
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76	76
77	77
78	78	LCO No. 1249 3 of 14
79	79
80	80	product coding [in totaling] to total a retail [customer's] consumer's 44
81	81	purchases shall mark, or cause to be marked, each consumer commodity 45
82	82	that bears a [Universal Product Code] universal product code with [its] 46
83	83	such consumer commodity's retail price. 47
84	84	(B) Any person who, or association, corporation, firm [,] or 48
85	85	partnership [, association or corporation] that, [utilizes] uses an 49
86	86	electronic pricing system [in totaling] to total a retail consumer's 50
87	87	purchases shall provide [each] to such consumer [with] an item-by-item 51
88	88	digital display, plainly visible to [the] such consumer as each universal 52
89	89	[pricing] product code is scanned, of the price of each carbonated soft 53
90	90	drink container or consumer commodity, [or carbonated soft drink 54
91	91	container,] or both, which such consumer has selected for purchase [by 55
92	92	such consumer prior to accepting] before such person, association, 56
93	93	corporation, firm or partnership accepts payment from such consumer 57
94	94	for such carbonated soft drink container or consumer commodity, or 58
95	95	[container] both. The provisions of this subparagraph [do] shall not be 59
96	96	construed to apply to any person who, or association, corporation, firm 60
97	97	[,] or partnership [, association or corporation] that, is operating in a 61
98	98	retail sales area of not more than ten thousand square feet. 62
99	99	(2) The provisions of subparagraph (A) of subdivision (1) of this 63
100	100	subsection shall not apply if [:] (A) [The] the Commissioner of Consumer 64
101	101	Protection, by regulation, allows for the [utilization] use of electronic 65
102	102	shelf labeling systems, [;] (B) [a retailer] the commissioner grants to a 66
103	103	person, association, corporation, firm or partnership [is granted] 67
104	104	approval to [utilize] use an electronic shelf labeling system, [by the 68
105	105	commissioner;] (C) [the retailer has demonstrated] the person, 69
106	106	association, corporation, firm or partnership demonstrates, to the 70
107	107	commissioner's satisfaction, [of the commissioner] that such electronic 71
108	108	shelf labeling system is supported by an electronic pricing system that 72
109	109	[utilizes] uses universal product coding [in totaling] to total a retail 73
110	110	[customer's] consumer's purchases, [;] and (D) [the retailer] such person, 74
111	111	association, corporation, firm or partnership has received the 75
112	112	commissioner's approval for such an electronic pricing system. [by the 76
113	113	commissioner.] 77 Raised Bill No. 5150
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115	115
116	116
117	117	LCO No. 1249 4 of 14
118	118
119	119	(3) The provisions of subparagraph (A) of subdivision (1) of this 78
120	120	subsection shall not apply to a person, association, corporation, firm or 79
121	121	partnership if [:] (A) [The retailer has met] the conditions [of] established 80
122	122	in subdivision (2) of this subsection have been satisfied, [;] and (B) the 81
123	123	[retailer] person, association, corporation, firm or partnership has 82
124	124	received the Commissioner of Consumer Protection's permission [by the 83
125	125	commissioner] to suspend implementation of the electronic pricing 84
126	126	system for a period, not to exceed thirty days, [in order to allow the 85
127	127	retailer] to enable such person, association, corporation, firm or 86
128	128	partnership, or an agent acting on behalf of [the retailer] such person, 87
129	129	association, corporation, firm or partnership, to [reset,] remodel, repair, 88
130	130	reset or otherwise modify such electronic pricing system at the retail 89
131	131	establishment. 90
132	132	(4) The provisions of subparagraph (A) of subdivision (1) of this 91
133	133	subsection shall not apply to a person, association, corporation, firm or 92
134	134	partnership if [:] (A) [The retailer] the person, association, corporation, 93
135	135	firm or partnership applies for, and [is approved for] the Commissioner 94
136	136	of Consumer Protection approves, an exemption [by the Commissioner 95
137	137	of Consumer Protection] for such person, association, corporation, firm 96
138	138	or partnership, (B) [the retailer] such person, association, corporation, 97
139	139	firm or partnership demonstrates, to the commissioner's satisfaction, [of 98
140	140	the commissioner] that [the retailer] such person, association, 99
141	141	corporation, firm or partnership has achieved price scanner accuracy of 100
142	142	at least ninety-eight per cent, as determined by the latest version of the 101
143	143	National Institute of Standards and Technology Handbook 130, 102
144	144	"Examination Procedures for Price Verification", as adopted by The 103
145	145	National Conference on Weights and Measures, [",] (C) [the retailer] 104
146	146	such person, association, corporation, firm or partnership pays an 105
147	147	application fee, to be used to offset annual inspection costs, of three 106
148	148	hundred fifteen dollars, if the premises consists of less than twenty 107
149	149	thousand square feet of retail space, [and] or six hundred twenty-five 108
150	150	dollars, if the premises consists of at least twenty thousand square feet 109
151	151	[or more] of retail space, (D) [the retailer] such person, association, 110
152	152	corporation, firm or partnership makes available a consumer price test 111 Raised Bill No. 5150
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154	154
155	155
156	156	LCO No. 1249 5 of 14
157	157
158	158	scanner that is approved by the commissioner and located prominently 112
159	159	in an easily accessible location for each twelve thousand square feet of 113
160	160	retail floor space, or fraction thereof, and (E) price accuracy inspections 114
161	161	resulting in less than ninety-eight per cent price scanner accuracy are 115
162	162	reinspected, without penalty, and [the retailer] such person, association, 116
163	163	corporation, firm or partnership pays a two-hundred-fifty-dollar 117
164	164	reinspection fee. 118
165	165	(5) Notwithstanding any provision of this subsection, consumer 119
166	166	commodities that are offered for sale and [that are] located on an end 120
167	167	cap display within the retail sales area [are] shall not be subject to the 121
168	168	requirements [specified under] established in this subsection, provided 122
169	169	any information that would otherwise have been made available to a 123
170	170	consumer pursuant to this section is clearly and conspicuously posted 124
171	171	on or adjacent to such end cap. [For purposes of this subdivision, "end 125
172	172	cap display" means the location in the retail sales area that is at the 126
173	173	immediate end of an aisle.] 127
174	174	(6) Consumer commodities that are advertised in a publicly 128
175	175	circulated printed form as being offered for sale at a reduced retail price 129
176	176	for a minimum seven-day period need not be individually marked at 130
177	177	such reduced retail price, provided such consumer commodities are 131
178	178	individually marked with their regular retail price and a conspicuous 132
179	179	sign [is] adjacent to such consumer commodities [, which sign] discloses 133
180	180	[:] (A) [The] such reduced retail price and [its] the unit price [;] of such 134
181	181	consumer commodities, and (B) a statement disclosing that [the item] 135
182	182	the cashier will [be] electronically [priced] price such consumer 136
183	183	commodities at [the] such reduced price. [by the cashier.] 137
184	184	(7) (A) [If] Except as provided in subparagraph (B) of this 138
185	185	subdivision, if a consumer commodity is offered for sale and [its] the 139
186	186	consumer commodity's electronic price is higher than the posted price, 140
187	187	then one item of such consumer commodity, up to a value of twenty 141
188	188	dollars, shall be given to the consumer at no cost to the consumer. A 142
189	189	conspicuous sign shall adequately disclose to the consumer that in the 143
190	190	event the electronic price is higher than the posted retail price, one item 144 Raised Bill No. 5150
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192	192
193	193
194	194	LCO No. 1249 6 of 14
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196	196	of such consumer commodity shall be given to the [customer] consumer 145
197	197	at no cost to the consumer. 146
198	198	(B) The provisions of subparagraph (A) of this subdivision shall not 147
199	199	apply to a person, association, corporation, firm or partnership in cases 148
200	200	where the person, association, corporation, firm or partnership (i) 149
201	201	improperly fails to redeem a digital or paper coupon which, if properly 150
202	202	redeemed, would reduce the price of a consumer commodity, or (ii) fails 151
203	203	to remove a sign adjoining a consumer commodity and disclosing a 152
204	204	time-limited reduced price for the consumer commodity after the time 153
205	205	period specified for such reduced price has expired. 154
206	206	(8) If a consumer presents a digital or paper coupon which, if 155
207	207	properly redeemed, would reduce the price of a consumer commodity 156
208	208	and the person, association, corporation, firm or partnership fails to 157
209	209	properly redeem such coupon, such person, association, corporation, 158
210	210	firm or partnership shall provide to the consumer a refund in an amount 159
211	211	that is equal to the value of such coupon. If a person, association, 160
212	212	corporation, firm or partnership offers a consumer commodity for sale 161
213	213	at a reduced price for a specified time period, and a sign disclosing such 162
214	214	reduced price remains adjacent to the consumer commodity following 163
215	215	expiration of such time period, the person, association, corporation, firm 164
216	216	or partnership shall only require a consumer to pay the reduced price 165
217	217	disclosed in such sign for such consumer commodity. 166
218	218	(c) (1) The Commissioner of Consumer Protection may adopt 167
219	219	regulations, in accordance with the provisions of chapter 54, concerning 168
220	220	the marking of prices, and use of universal product coding, on each unit 169
221	221	of a consumer commodity. 170
222	222	(2) The Commissioner of Consumer Protection may adopt 171
223	223	regulations, in accordance with the provisions of chapter 54, designating 172
224	224	not more than twelve consumer commodities that need not be marked 173
225	225	in accordance with the provisions of subdivision (1) of subsection (b) of 174
226	226	this section and specifying the method of providing adequate disclosure 175
227	227	to consumers to [insure] ensure that the electronic pricing of the 176 Raised Bill No. 5150
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229	229
230	230
231	231	LCO No. 1249 7 of 14
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233	233	designated consumer commodities is accurate. The commissioner may 177
234	234	also establish, by regulation, methods to protect consumers against 178
235	235	electronic pricing errors of such designated consumer commodities and 179
236	236	to [insure] ensure that the electronic prices of such designated consumer 180
237	237	commodities are accurate. Among the methods that the commissioner 181
238	238	may consider are conditions similar to those set forth in subdivision (5) 182
239	239	of subsection (b) of this section. 183
240	240	(d) The Commissioner of Consumer Protection, after providing 184
241	241	notice and conducting a hearing in accordance with the provisions of 185
242	242	chapter 54, may issue a warning citation to, or impose a civil penalty of 186
243	243	not more than one hundred dollars for the first offense and not more 187
244	244	than five hundred dollars for each subsequent offense on, any person [,] 188
245	245	who, or association, corporation, firm [,] or partnership [, association or 189
246	246	corporation] that, violates any provision of subsection (b) of this section, 190
247	247	or any regulation adopted pursuant to subsection (c) of this section. Any 191
248	248	person who, or association, corporation, firm [,] or partnership [, 192
249	249	association or corporation] that, violates any provision of subsection (b) 193
250	250	of this section, or any regulation adopted pursuant to subsection (c) of 194
251	251	this section, shall be fined not more than two hundred dollars for the 195
252	252	first offense and not more than one thousand dollars for each 196
253	253	subsequent offense. Each violation with respect to all units of a 197
254	254	particular consumer commodity on any single day shall be deemed a 198
255	255	single offense. 199
256	256	Sec. 2. Section 21a-79b of the general statutes is repealed and the 200
257	257	following is substituted in lieu thereof (Effective October 1, 2022): 201
258	258	(a) For the purposes of this section, "consumer commodity" has the 202
259	259	same meaning as provided in section [21a-73, except that "consumer 203
260	260	commodity" does not include alcoholic liquor, as defined in subdivision 204
261	261	(3) of section 30-1, or a carbonated soft drink container] 21a-79, as 205
262	262	amended by this act. 206
263	263	(b) (1) Notwithstanding the provisions of section 21a-79, as amended 207
264	264	by this act, and except as provided in subdivision (2) of this subsection, 208 Raised Bill No. 5150
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266	266
267	267
268	268	LCO No. 1249 8 of 14
269	269
270	270	if a retailer offers to a consumer a consumer commodity, including, but 209
271	271	not limited to, [fruits] any fruit or [vegetables] vegetable weighed at the 210
272	272	point of sale, [is offered for sale by a retailer] and [its] the price of the 211
273	273	consumer commodity to the consumer at the point of sale is [higher] 212
274	274	greater than the [posted or] advertised or posted retail price for such 213
275	275	consumer commodity, [then] such retailer shall give such consumer 214
276	276	commodity [, up to a value of twenty dollars, shall be given] to [the] 215
277	277	such consumer, at no cost to such consumer, if the value of such 216
278	278	consumer commodity is not more than twenty dollars. [A conspicuous] 217
279	279	Retailers shall post a sign, [shall] in a conspicuous location, which 218
280	280	adequately [disclose] discloses to [the consumer] consumers that in the 219
281	281	event [such] the retail price of a consumer commodity is [higher] greater 220
282	282	than the [posted or] advertised or posted retail price [,] for the consumer 221
283	283	commodity, the retailer shall give such consumer commodity [shall be 222
284	284	given] to the [customer] consumer at no cost to the consumer. 223
285	285	(2) The provisions of subdivision (1) of this subsection shall not apply 224
286	286	to a retailer if the retailer (A) improperly fails to redeem a digital or 225
287	287	paper coupon which, if properly redeemed, would reduce the price of a 226
288	288	consumer commodity, or (B) fails to remove a sign adjoining a consumer 227
289	289	commodity and disclosing a time-limited reduced price for the 228
290	290	consumer commodity after the time period specified for such reduced 229
291	291	price has expired. 230
292	292	(c) Notwithstanding the provisions of section 21-79 and except as 231
293	293	provided in subsection (b) of this section, if a consumer presents a 232
294	294	digital or paper coupon which, if properly redeemed, would reduce the 233
295	295	price of a consumer commodity, including, but not limited to, any fruit 234
296	296	or vegetable weighed at the point of sale, and the retailer fails to 235
297	297	properly redeem such coupon, such retailer shall provide to the 236
298	298	consumer a refund in an amount that is equal to the value of such 237
299	299	coupon. If a retailer offers a consumer commodity, including, but not 238
300	300	limited to, any fruit or vegetable weighed at the point of sale, for sale at 239
301	301	a reduced price for a specified time period, and a sign disclosing such 240
302	302	reduced price remains adjacent to the consumer commodity after 241
303	303	expiration of such time period, the retailer shall only require a consumer 242 Raised Bill No. 5150
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305	305
306	306
307	307	LCO No. 1249 9 of 14
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309	309	to pay the reduced price disclosed in such sign for such consumer 243
310	310	commodity. 244
311	311	[(c)] (d) The Commissioner of Consumer Protection, after providing 245
312	312	notice and conducting a hearing in accordance with the provisions of 246
313	313	chapter 54, may issue a warning citation to, or impose a civil penalty of 247
314	314	not more than one hundred dollars for the first offense and not more 248
315	315	than five hundred dollars for each subsequent offense on, any person 249
316	316	who, or association, corporation, firm [,] or partnership [, association or 250
317	317	corporation] that, violates any provision of subsection (b) or (c) of this 251
318	318	section. Each violation with respect to all units of a particular consumer 252
319	319	commodity on any single day shall be deemed a single offense. 253
320	320	[(d)] (e) The provisions of this section do not apply to any person, 254
321	321	association, corporation, firm [,] or partnership [, association or 255
322	322	corporation] operating in a retail sales area of not more than ten 256
323	323	thousand square feet. 257
324	324	Sec. 3. Section 42-133ff of the general statutes is repealed and the 258
325	325	following is substituted in lieu thereof (Effective October 1, 2022): 259
326	326	(a) For the purposes of this section: 260
327	327	(1) (A) "Agent" (i) means any person who (I) arranges for the 261
328	328	distribution of services by another person, or (II) leases, rents or sells 262
329	329	tangible or intangible personal, real or mixed property, or any other 263
330	330	article, commodity or thing of value, on behalf of another person, and 264
331	331	(ii) includes, but is not limited to, (I) any person who is duly appointed 265
332	332	as an agent by a common carrier, (II) any person who sells 266
333	333	transportation, travel or vacation arrangements on behalf of another 267
334	334	person who is engaged in the business of furnishing transportation, 268
335	335	travel or vacation services, and (III) any member of a cruise line 269
336	336	association that operates exclusively as an agent for cruise lines to sell 270
337	337	cruise travel products or services. 271
338	338	(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 272
339	339	common carrier, or (iii) any person engaged in the business of 273 Raised Bill No. 5150
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341	341
342	342
343	343	LCO No. 1249 10 of 14
344	344
345	345	furnishing transportation, travel or vacation services. 274
346	346	(2) "Charge card" (A) means any card, device or instrument that (i) is 275
347	347	issued, with or without a fee, to a holder and requires the holder to pay 276
348	348	the full outstanding balance due on such card, device or instrument at 277
349	349	the end of each standard billing cycle established by the issuer of such 278
350	350	card, device or instrument, and (ii) may be used by the holder in a 279
351	351	transaction to receive services or lease, purchase or rent tangible or 280
352	352	intangible personal, real or mixed property, or any other article, 281
353	353	commodity or thing of value, and (B) includes, but is not limited to, any 282
354	354	software application that (i) is used to store a digital form of such card, 283
355	355	device or instrument, and (ii) may be used in a transaction to receive 284
356	356	such services or lease, purchase or rent any such property, article, 285
357	357	commodity or thing. 286
358	358	(3) "Credit card" (A) means any card, device or instrument that (i) is 287
359	359	issued, with or without a fee, to a holder, and (ii) may be used by the 288
360	360	holder in a transaction to receive services or lease, purchase or rent 289
361	361	tangible or intangible personal, real or mixed property, or any other 290
362	362	article, commodity or thing of value on credit, regardless of whether 291
363	363	such card, device or instrument is known as a credit card, credit plate or 292
364	364	by any other name, and (B) includes, but is not limited to, any software 293
365	365	application that (i) is used to store a digital form of such card, device or 294
366	366	instrument, and (ii) may be used in a transaction to receive such services 295
367	367	or lease, purchase or rent any such property, article, commodity or thing 296
368	368	on credit. 297
369	369	(4) (A) "Debit card" (i) means any card, code, device or other means 298
370	370	of access, or any combination thereof, that (I) is authorized or issued for 299
371	371	use to debit an asset account held, directly or indirectly, by a financial 300
372	372	institution, and (II) may be used in a transaction to receive services or 301
373	373	lease, purchase or rent tangible or intangible personal, real or mixed 302
374	374	property, or any other article, commodity or thing of value regardless of 303
375	375	whether such card, code, device, means or combination is known as a 304
376	376	debit card, and (ii) includes, but is not limited to, (I) any software 305
377	377	application that is used to store a digital form of such card, code, device 306 Raised Bill No. 5150
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379	379
380	380
381	381	LCO No. 1249 11 of 14
382	382
383	383	or other means of access, or any combination thereof, that may be used 307
384	384	in a transaction to receive such services or lease, purchase or rent any 308
385	385	such property, article, commodity or thing, and (II) any cards, codes, 309
386	386	devices or other means of access, or any combination thereof, commonly 310
387	387	known as automated teller machine cards and payroll cards. 311
388	388	(B) "Debit card" does not mean (i) a check, draft or similar paper 312
389	389	instrument, or (ii) any electronic representation of such check, draft or 313
390	390	instrument. 314
391	391	(5) "Person" means any individual, corporation, incorporated or 315
392	392	unincorporated association, limited liability company, partnership, 316
393	393	trust or other legal entity. 317
394	394	(6) "Surcharge" means any additional charge or fee that increases the 318
395	395	total amount of a transaction for the privilege of using a particular form 319
396	396	of payment. 320
397	397	(7) (A) "Transaction" means distribution by one person to another 321
398	398	person of any service, or the lease, rental or sale by one person of any 322
399	399	tangible or intangible personal, real or mixed property, or any other 323
400	400	article, commodity or thing of value to another person, for a certain 324
401	401	price. 325
402	402	(B) "Transaction" does not mean payment of any (i) fees, costs, fines 326
403	403	or other charges to a state agency authorized by the Secretary of the 327
404	404	Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 328
405	405	interest and fees allowed by the Commissioner of Revenue Services in 329
406	406	accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 330
407	407	other charges, to a municipality in accordance with section 12-141a, (iv) 331
408	408	fees, costs, fines or other charges to the Judicial Branch in accordance 332
409	409	with section 51-193b, or (v) sum pursuant to any other provision of the 333
410	410	general statutes or regulation of Connecticut state agencies. 334
411	411	[(a)] (b) No [seller] person may impose a surcharge [on a buyer who 335
412	412	elects to use any method of payment, including, but not limited to, cash, 336
413	413	check, credit card or electronic means, in] on any [sales] transaction. 337 Raised Bill No. 5150
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415	415
416	416
417	417	LCO No. 1249 12 of 14
418	418
419	419	[(b) Any seller who accepts or offers to accept a bank credit card 338
420	420	bearing a trade name as a means of payment shall accept any bank credit 339
421	421	card bearing such trade name presented by a cardholder, 340
422	422	notwithstanding the identity of the card issuer. For the purposes of this 341
423	423	subsection, "bank credit card" means any credit card issued by a bank, 342
424	424	savings bank, savings and loan association or credit union.] 343
425	425	(c) (1) Nothing in this section shall prohibit any [seller] person from 344
426	426	offering a discount [to a buyer] on any transaction to induce [such buyer 345
427	427	to pay] payment by cash, check, debit card [, check] or similar means 346
428	428	rather than by charge card or credit card. No person may offer any such 347
429	429	discount unless such person posts a notice disclosing such discount. 348
430	430	Such person shall clearly and conspicuously (A) post such notice on 349
431	431	such person's premises if such person conducts transactions in-person, 350
432	432	(B) display such notice on the Internet web site or digital payment 351
433	433	application before completing any online transaction or transaction that 352
434	434	is processed by way of such digital payment application, and (C) 353
435	435	verbally provide such notice before completing any oral transaction, 354
436	436	including, but not limited to, any telephonic transaction. 355
437	437	(2) In furtherance of the legislative findings contained in section 42-356
438	438	133j, no existing or future agreement or contract [or agreement] shall 357
439	439	prohibit a gasoline distributor or retailer [or distributor] from offering a 358
440	440	discount to a buyer based upon the method [of payment by] such buyer 359
441	441	uses to pay for such gasoline. Any provision in such [contract or] 360
442	442	agreement or contract prohibiting such [retailer or] distributor or 361
443	443	retailer from offering such discount is void and without effect [as] 362
444	444	because such provision is contrary to public policy. 363
445	445	[(d) Nothing in this section shall prohibit any seller from conditioning 364
446	446	acceptance of a credit card on a buyer's minimum purchase. Each seller 365
447	447	shall disclose any such minimum purchase policy orally or in writing at 366
448	448	the point of purchase. For the purposes of this subsection, "at the point 367
449	449	of purchase" includes, but is not limited to, at or on a cash register and 368
450	450	in an advertisement or menu. 369 Raised Bill No. 5150
451	451
452	452
453	453
454	454	LCO No. 1249 13 of 14
455	455
456	456	(e) No provider of travel services may impose a surcharge on or 370
457	457	reduce the commission paid to a travel agent who acts as an agent for 371
458	458	such provider if the buyer uses a credit card to purchase such provider's 372
459	459	travel services. A violation of any provision of this subsection shall be 373
460	460	deemed an unfair or deceptive trade practice under subsection (a) of 374
461	461	section 42-110b. As used in this subsection, "provider of travel services" 375
462	462	means a person, firm or corporation engaged in the business of 376
463	463	furnishing travel, transportation or vacation services, but does not 377
464	464	include a travel agent, and "travel agent" means a person, firm, 378
465	465	corporation or other entity that (1) is (A) a duly appointed agent of a 379
466	466	common carrier, or (B) a member of a cruise line association and 380
467	467	operates exclusively as an agent for cruise lines in the sale of cruise 381
468	468	travel products or services, and (2) offers or sells travel, transportation 382
469	469	or vacation arrangements as an agent for a provider of travel services, 383
470	470	but does not include a common carrier or an employee of a common 384
471	471	carrier.] 385
472	472	(d) No person shall condition acceptance of a charge card or credit 386
473	473	card for a transaction on a requirement that the transaction be in a 387
474	474	minimum amount unless such person discloses such requirement. Such 388
475	475	person shall clearly and conspicuously (1) post such notice on such 389
476	476	person's premises if such person conducts transactions in-person, (2) 390
477	477	display such notice on the Internet web site or digital payment 391
478	478	application before completing any online transaction or transaction 392
479	479	processed by way of such digital payment application, and (3) verbally 393
480	480	provide such notice before completing any oral transaction, including, 394
481	481	but not limited to, any telephonic transaction. 395
482	482	(e) No person may reduce the amount of any commission paid to an 396
483	483	agent for such person in a transaction because a charge card or credit 397
484	484	card was used to provide payment as part of such transaction. 398
485	485	(f) A violation of any provision of this section shall be deemed an 399
486	486	unfair or deceptive trade practice under subsection (a) of section 42-400
487	487	110b. The Commissioner of Consumer Protection may impose a n 401
488	488	additional civil penalty for any violation of this section. The amount of 402 Raised Bill No. 5150
489	489
490	490
491	491
492	492	LCO No. 1249 14 of 14
493	493
494	494	such additional civil penalty shall not exceed five hundred dollars per 403
495	495	violation. Payments of such additional civil penalty shall be deposited 404
496	496	in the consumer protection enforcement account established in section 405
497	497	21a-8a. 406
498	498	(g) The Commissioner of Consumer Protection may adopt 407
499	499	regulations, in accordance with the provisions of chapter 54, to 408
500	500	implement the provisions of this section. 409
501	501	This act shall take effect as follows and shall amend the following
502	502	sections:
503	503
504	504	Section 1 October 1, 2022 21a-79
505	505	Sec. 2 October 1, 2022 21a-79b
506	506	Sec. 3 October 1, 2022 42-133ff
507	507
508	508	Statement of Purpose:
509	509	To: (1) Provide that a retailer who fails to timely remove a promotional
510	510	sale sign, or properly redeem a coupon, shall not be required to provide
511	511	a commodity to a consumer free of charge, but shall instead sell the
512	512	commodity to the consumer at the improperly posted price or issue a
513	513	refund to the consumer for the value of the improperly redeemed
514	514	coupon; (2) modify certain provisions concerning charge card, credit
515	515	card and debit card transaction surcharges; and (3) make conforming,
516	516	minor and technical changes to the consumer protection and related
517	517	statutes.
518	518	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
519	519	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
520	520	underlined.]
521	521