Bill Text: NY S05520 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5520 (Prior Session Legislation)

Introduced

Bill Title: Provides that if a seller engages in differential pricing by offering a discount for payment by cash, check, or similar means, the highest price shall be conspicuously posted; defines terms; increases the penalty from five hundred dollars to one thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05520 Detail]

Download: New_York-2019-S05520-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5520
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 3, 2019
                                       ___________
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to requiring sell-
          ers to conspicuously post any credit card surcharges
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 518 of the general business law, as added by chap-
     2  ter 160 of the laws of 1984, is amended to read as follows:
     3    § 518. Credit card surcharge prohibited. 1. No  seller  in  any  sales
     4  transaction may impose a surcharge on a holder who elects to use a cred-
     5  it card in lieu of payment by cash, check, or similar means. The regular
     6  price of any product shall be conspicuously posted.
     7    2. For the purposes of this section the following terms shall
     8   have the following meanings:
     9    (a) "Discount" shall mean a reduction made from the regular price.
    10    (b)  "Surcharge"  shall mean any means of increasing the regular price
    11  to a cardholder which is not imposed  upon  customers  paying  by  cash,
    12  check, or similar means.
    13    (c) "Regular price" shall mean the tag or posted price charged for the
    14  property  or service if a single price is tagged or posted, or the price
    15  charged for the property or service when payment is made  by  use  of  a
    16  credit  card  if  either:  (i) no price is tagged or posted; or (ii) two
    17  tags or prices are posted, one of which is charged when payment is  made
    18  by  use  of  a  credit card and the other when payment is made by use of
    19  cash, check, or similar means.
    20    3. Any seller who violates the provisions of  this  section  shall  be
    21  guilty  of  a  misdemeanor  punishable  by  a  fine  not to exceed [five
    22  hundred] one thousand dollars or a term of imprisonment up to one  year,
    23  or both.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11394-03-9