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Credit Card Surcharges

Venable LLP

A Variety of Fees and Surcharges Implicated in Early Cases Enforcing California’s Honest Pricing Law

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Since July 1, when California’s “Honest Pricing Law” or “Hidden Fees Statute” became effective, the plaintiffs’ bar has filed more than a dozen complaints alleging violations of the statute....more

Venable LLP

Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures

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One of the questions that remains uncertain among looming federal and state “junk fee” and “drip pricing” bans in 2024 concerns the impact these rules will have on credit card surcharges. Surcharges are added to sale...more

Orrick, Herrington & Sutcliffe LLP

Kansas updates UCCC provisions including credit card surcharges

On March 29, the Governor of Kansas signed into law HB 2247, a comprehensive bill that updated UCCC provisions in an effort to regulate the credit industry more efficiently, and moved provisions from the UCCC to the Kansas...more

Hudson Cook, LLP

New York Amends Credit Card Surcharge Statute

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As the Kansas City Chiefs were winning the big game, New York made a big change to its law governing credit card surcharges. While definitions of the term may vary, a "surcharge" is generally understood to mean a higher...more

Orrick, Herrington & Sutcliffe LLP

New York AB 2672 goes into effect and establishes credit card surcharge provisions

Recently, New York AB 2672 (the "Act") was enacted, and went into effect on February 11. The Act requires merchants that impose a credit surcharge fee to clearly and conspicuously post prices inclusive of a surcharge fee....more

Venable LLP

New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses

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On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices...more

Cozen O'Connor

Credit Card Surcharging Regulatory Changes Create Both Risks and Opportunities for Businesses

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Credit card surcharging has increasingly gained the attention of consumers, businesses, and regulators over the past few years, and for good reason. As inflation continues to squeeze businesses and consumers alike, many...more

Troutman Pepper

New York Enacts Credit Card Surcharge Caps and Disclosure Requirements

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Last month, New York Governor Kathy Hochul signed into law Assembly Bill 2672, which both prohibits sellers from charging a credit card surcharge greater than what they are charged by the credit card company and requires...more

Katten Muchin Rosenman LLP

New York Will Soon Require Merchants to Provide Additional Credit Card Surcharge Disclosures

On December 13, 2023, New York Governor Kathy Hochul signed into law Assembly Bill 2672, which has significant implications for merchants in that it imposes disclosure requirements with respect to credit card surcharges for...more

Stinson LLP

New York Amends Existing Credit Card Surcharge Prohibition

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On December 13, 2023, the State of New York enacted Assembly Bill No. 2672 (Act), which modifies New York’s ban on credit card surcharges. The revised law takes effect on February 11, 2024....more

Ballard Spahr LLP

New York enacts new requirements for subscription auto-renewals and credit card surcharge pricing

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On December 13, 2023, New York Governor Hochul signed two laws, which aim to protect consumers from (1) unwanted subscriptions by requiring notice to consumers for upcoming automatic renewals with clear instructions for...more

Bass, Berry & Sims PLC

New York Officially Eliminates Ban on Surcharges

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This week, New York Governor Kathy Hochul signed into law Assembly Bill No. 2672, which amends Section 518 of the New York General Business Law. The law previously prohibited merchants from imposing a surcharge on customers...more

Stinson LLP

New Jersey Joins Other States in Limiting Credit Card Surcharges

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The State of New Jersey has passed a new law limiting the amount of a credit card surcharge by a seller on a purchase of goods or services. New Jersey joins 12 other states and territories that have had laws on their books...more

Holland & Knight LLP

New Jersey Acts to Limit Credit Card Surcharges

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New Jersey Gov. Phil Murphy on Aug. 18, 2023, signed into law a bill that limits the surcharges that merchants may charge their customers who choose to pay for goods or services using a credit card and requires disclosure of...more

Troutman Pepper

New Jersey Enacts Law Capping Surcharges for Credit Card Transactions

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On August 18, New Jersey Governor Phil Murphy signed into law A4284, which prohibits sellers from imposing certain surcharges for credit card transactions. Specifically, the law prohibits sellers from charging more than what...more

Sheppard Mullin Richter & Hampton LLP

CFPB’s Chopra Has Payments and Crypto In Focus

On July 27, CFPB Director Chopra was interviewed in multiple publications, here and here, about, among other topics, how the CFPB could seek to help mortgage borrowers strained by the Federal Reserve’s battle against...more

Perkins Coie

Fintech Legal Report - February 2022

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CFPB Requests Info on Consumer Financial Products or Service Fees - On January 26, 2022, the Consumer Financial Protection Bureau (CFPB) announced the launch of an initiative to collect information from consumers,...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 28

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: - Google Play Store Targeted in Multistate...more

Perkins Coie

Fintech Legal Report - July 2021

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President Biden Issues an Executive Order on Competition with Implications for Financial Institutions - On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy. The...more

Bass, Berry & Sims PLC

Colorado Eliminates Ban on Surcharges

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Colorado recently became the latest state to eliminate a statutory ban prohibiting merchants from imposing a surcharge on customers who elect to pay for a transaction via credit or charge card. The Credit Transaction Charge...more

Cozen O'Connor

Colorado Repeals Ban On Credit Card Surcharges

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Colorado Governor Jared Polis signed into law a bipartisan bill repealing the state’s prohibition on credit card surcharges...more

Bass, Berry & Sims PLC

Kansas Court Rules No-Surcharge Statute Unconstitutional

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The U.S. District Court, District of Kansas recently ruled in CardX, LLC v. Schmidt, that Kansas Statute Annotated § 16a-2-403, which prohibits merchants from imposing a surcharge on customers who elect to pay via credit...more

Arnall Golden Gregory LLP

Court Declares Kansas Surcharging Ban Unconstitutional

On February 10, 2021, legislation was introduced to repeal Kansas’s ban on surcharging. A mere two weeks later, a federal judge essentially ensured its end by declaring the statute unconstitutional....more

Goodwin

State Statute Prohibiting Surcharges on Credit Card Purchases Held Unconstitutional

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On February 25, 2021, the United States District Court for the District of Kansas issued an opinion granting summary judgment in favor of CardX, LLC (CardX), and found unconstitutional “a Kansas law that prohibits sellers...more

McGlinchey Stafford

New York Issues Series of Executive Orders Providing Relief to Borrowers Impacted by COVID-19

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On March 7, 2020, Governor Andrew Cuomo issued Executive Order 202 declaring a state of emergency for the entire State of New York as a result of the COVID-19 pandemic. Since that time, the Governor has issued a series of...more

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