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New Jersey Law Limits Credit Card Surcharges, Requires Clear Disclosure
['Frank L. Cahill', 'Publisher Of Parsippany Focus Since', 'Morris Focus Since', 'Both Covering A Wide Range Of Events.', 'Mr. Cahill Serves As The Executive Board Member Of The Parsippany Area Chamber Of Commerce', 'Governor Nj District Kiwanis International', 'Chairman Of The Parsippany-Troy Hills Economic Development Advisory Board.']
Parsippany Focus
Governor Phil Murphy signed the law, which prohibits sellers from imposing a credit card surcharge greater than the actual cost of processing the payment.
For online, mobile application, or electronic kiosk transactions, sellers must provide clear and conspicuous electronic notice of the surcharge on the checkout page.
Sellers who process credit card payments over the telephone must provide verbal notice of the surcharge before processing the transaction.
Businesses may also charge a flat surcharge rate for all credit card transactions, so long as the rate does not exceed the actual cost of processing, even if that cost varies by card type.
The surcharge cap applies only to credit card transactions and does not apply to debit card or gift card transactions, though other charges and fees imposed by sellers must still be clearly disclosed under other consumer protection laws.