New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4284

Introduced
6/16/22  
Refer
6/16/22  
Refer
9/15/22  
Report Pass
10/13/22  
Engrossed
12/15/22  
Refer
12/15/22  
Report Pass
5/15/23  
Engrossed
6/30/23  
Enrolled
6/30/23  
Chaptered
8/18/23  

Caption

Prohibits seller from imposing certain surcharge for credit card transactions; establishes certain notice requirements regarding surcharge.

Impact

The implementation of A4284 will have a significant impact on the way businesses, particularly retailers and service establishments, handle credit card transactions. By limiting surcharges to the actual cost to the seller, it sets a precedent for increased fairness in consumer transactions and aims to establish a more level playing field in the marketplace. Sellers will be required to maintain documentation proving compliance with the new regulations, which will be subject to review by the state’s Division of Consumer Affairs. This oversight will foster accountability and could lead to an increase in consumer trust toward businesses adhering to the bill's conditions.

Summary

A4284, also known as the New Jersey Credit Card Surcharge Act, aims to protect consumers by regulating the imposition of surcharges by sellers on credit card transactions. The bill specifically prohibits sellers from charging a fee on credit card payments that exceeds the actual cost incurred by the seller to process those payments. This legislation intends to prevent sellers from exploiting their customers through excessive surcharges while enhancing transparency in retail transactions. The statute also establishes clear guidelines for how and when a surcharge must be disclosed to consumers, ensuring that customers are informed before agreeing to any service or product transactions.

Sentiment

The sentiment around A4284 appears to be generally positive, with many consumer advocacy groups and public voices supporting the bill for its potential to safeguard consumers against unfair practices. However, some business owners have expressed concerns that the bill may hinder their ability to manage costs associated with credit card processing fees. The overall debate highlights a clash between consumer rights and business freedoms, with a strong push from advocacy groups for stronger consumer protection measures amid existing industry practices that often favor sellers.

Contention

Key points of contention surrounding A4284 revolve around the balance between protecting consumer interests and ensuring that businesses can operate effectively. Critics argue that while the intentions of the bill are commendable, the enforcement and compliance measures may present additional burdens for small businesses, particularly those that rely heavily on credit card transactions. As the law mandates transparency, businesses must adjust their practices quickly, potentially leading to compliance challenges that some argue could have unintended negative consequences on retail pricing strategies.

Companion Bills

NJ S3508

Same As Prohibits seller from imposing certain surcharge for credit card transactions; establishes certain notice requirements regarding surcharge.

Similar Bills

CA AB2695

Credit card surcharges.

NJ S3508

Prohibits seller from imposing certain surcharge for credit card transactions; establishes certain notice requirements regarding surcharge.

ME LD151

An Act to Allow Businesses to Impose a Surcharge on Credit Card and Debit Card Transactions

OK HB4351

Consumer Credit Code; surcharges; effective date.

DE SB89

An Act To Amend Title 6 Of The Delaware Code Relating To Credit Card Transactions.

OK HB3667

Consumer Credit Code; surcharge; electronic payment fee; effective date.

LA HB344

Prohibits a surcharge on credit card transactions

NJ S3697

Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.