New Jersey recently enacted legislation that regulates credit card surcharges that may be charged by merchants.
Under the new law, which is effective immediately, a merchant may not impose upon its customers a credit card surcharge that is greater than the actual processing costs paid by the merchant. Although the merchant may recover the credit card processing costs, there may not be any profit.
The law also specifies that the amount of any surcharge must be communicated to the customer prior to processing any credit card payment. The form of notification varies by type of business. For most retail establishments, the notice must be posted on a sign at the entry and point of sale. For restaurants, the notice must be posted on a sign in the customer service area and on the menu. Internet sales must post clear and conspicuous electronic notice on the checkout page of the website, mobile application, or electronic kiosk prior to processing the transaction. Verbal notice is sufficient if the transaction is being conducted over the telephone.
Failure to comply and keep accurate records will result in penalties and fees from the state.
Associate Partner
Julie has over 20 years of experience in public and private accounting, representing varied clientele including the medical, legal, and real estate industries and trusts.
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