13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO REGULATE THE AMOUNT A MERCHANT MAY CHARGE CUSTOMERS 2 |
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15 | 15 | | FOR PAYMENTS BY CREDIT CARD OR DEBIT CARD . 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1. Article 13 of Chapter 66 of the General Statutes is amended by adding 5 |
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18 | 18 | | a new section to read: 6 |
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19 | 19 | | "§ 66-67.10. Charges for payments by credit card or debit card. 7 |
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20 | 20 | | (a) In this section, the following definitions apply: 8 |
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21 | 21 | | (1) Merchant. – A person that engages in the business of selling goods or services 9 |
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22 | 22 | | at retail. 10 |
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23 | 23 | | (2) Payment card entity. – An entity involved in facilitating or processing an 11 |
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24 | 24 | | electronic transfer of funds between a merchant and a customer using a credit 12 |
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25 | 25 | | card or debit card. 13 |
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26 | 26 | | (b) A merchant operating in this State shall not impose a charge for payments by credit 14 |
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27 | 27 | | card or debit card that is more than the charge that the merchant pays to a payment card entity to 15 |
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28 | 28 | | facilitate or process these payments. If a merchant operating in this State advertises that it accepts 16 |
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29 | 29 | | payments by credit card or debit card and imposes a charge for these payments, the merchant 17 |
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30 | 30 | | shall conspicuously disclose the amount of the charge in the advertisement. 18 |
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31 | 31 | | (c) The Secretary of Commerce may assess a civil penalty against a merchant for a 19 |
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32 | 32 | | violation of this section. The amount of the penalty shall not exceed two thousand five hundred 20 |
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33 | 33 | | dollars ($2,500) for the first violation or five thousand dollars ($5,000) for a subsequent violation. 21 |
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34 | 34 | | The clear proceeds of civil penalties imposed pursuant to this subsection shall be remitted to the 22 |
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35 | 35 | | Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2." 23 |
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36 | 36 | | SECTION 2. This act becomes effective October 1, 2025, and applies to payments 24 |
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37 | 37 | | made on or after that date. 25 |
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