New Jersey A 4807: Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts.

Bill Text

A4807 

ASSEMBLY, No. 4807 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblyman� JERRY WALKER

District 31 (Hudson)

SYNOPSIS

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

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning credit card surcharges and amending and 
supplementing P.L.2023, c.146.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 1 of P.L.2023, 
c.146 (C.56:8-156.1) is amended to read as follows:

���� 1.��� As used in this act:

���� "Credit card" means 
a card, plate, charge card, charge plate, or other single credit device that 
may be used from time to time to obtain credit.

���� "Goods" means any 
beverage, chattels, foodstuffs, products, or wares of any type or description 
but shall not include "motor fuel."

���� "Motor fuel" means 
any combustible liquid or gaseous substance used, or suitable, for the 
generation of power to propel motor vehicles.

���� "Restaurant" means 
an establishment in which the principal business is the sale of food or 
beverages for consumption on or off the premises.

���� "Seller" means a 
person who sells, leases, or rents goods or services to a customer.

���� "Surcharge" means 
any additional amount imposed by a seller at the time of a credit card 
transaction that increases a charge to a customer for the use of a credit card.

���� �Transaction� means the 
sale of goods, services, or anything of value to a consumer, but excludes the 
payment of any:� (1) fees, costs, fines, or other charges to a State agency; 
(2) taxes, penalties, interest, and fees; (3) taxes, penalties, interest, and 
fees, or other charges, to a municipality; (4) fees, costs, fines, or other 
charges to the judiciary; or (5) sum pursuant to any other provision of State 
law or regulation.

(cf: P.L.2023, c.146, s.1)

���� 2.��� Section 2 of P.L.2023, 
c.146 (C.56:8-156.2) is amended to read as follows:

���� 2. a. A seller shall not 
impose a surcharge on a customer who uses a credit card for a 
transaction occurring in New Jersey [a 
surcharge that is greater than the actual cost to the seller to process the 
credit card payment.� A seller subject to the provisions of P.L.2023, c.146 
(C.56:8-156.1 et seq.) shall make available to the Director of the Division of 
Consumer Affairs in the Department of Law and Public Safety for inspection any 
account books, papers, documents, and other records necessary to enable the 
director to determine reasonable compliance with the provisions of P.L.2023, 
c.146 (C.56:8-156.1 et seq.)].

���� b.��� [A seller that 
imposes a surcharge on a customer to process a credit card payment shall 
disclose the amount of the surcharge to a customer, prior to the customer 
incurring any charge for goods or services, by, in the case of a seller other 
than a restaurant, posting clear and conspicuous notice on a sign at the point 
of entry and point of sale or, in the case of a restaurant, on a sign in the 
customer service area and on the menu, except:

���� (1) if the seller is 
processing a credit card payment for a transaction that will occur through an 
Internet website, a mobile application, or an electronic kiosk, the seller 
shall provide clear and conspicuous electronic notice on the checkout page of 
the Internet website, mobile application, or electronic kiosk prior to 
processing the transaction; or

���� (2) if the seller is 
processing a credit card payment for a transaction that will occur over the 
telephone, the seller shall provide verbal notice prior to processing the 
transaction.] 
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as 
this bill)

���� c.���� A violation of this 
section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

(cf: P.L.2023, c.146, s.2)

���� 3.��� (New section) A seller 
that conditions acceptance of a credit card for a transaction on a requirement 
that the transaction be in a minimum amount shall disclose the requirement and 
the minimum amount by, in the case of a seller other than a restaurant, posting 
clear and conspicuous notice on a sign at the point of entry and point of sale 
or, in the case of a restaurant, on a sign in the customer service area and on 
the menu, except:

���� a.���� if the seller is 
processing a credit card payment for a transaction that will occur through an 
Internet website, a mobile application, or an electronic kiosk, the seller 
shall provide clear and conspicuous electronic notice on the checkout page of 
the Internet website, mobile application, or electronic kiosk prior to 
processing the transaction; or

���� b.��� if the seller is 
processing a credit card payment for a transaction that will occur over the 
telephone, the seller shall provide verbal notice prior to processing the 
transaction.

���� 4.��� (New sect