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ARTICLE · 15 MARCH 2024

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NY Issues Guidance On Surcharge Law

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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In early January, I blogged about a new law in New York that requires sellers who wish to charge consumers more for an item if they pay for it with a credit card (which sellers are expressly permitted

United StatesConsumer Protection
Terri Seligman
Terri Seligman
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In early January, I blogged about a new law in New York that requires sellers who wish to charge consumers more for an item if they pay for it with a credit card (which sellers are expressly permitted to do under the law) to "clearly post[] the credit card price, inclusive of such surcharge, at the location where the sale occurs."Further, "the final sales price of any such sales transaction, inclusive of surcharge, shall not amount to a price greater than the posted price for such sales transaction." In addition, the surcharge charged the consumer by the seller cannot exceed the amount charged the seller by the credit card company.

As I noted in my post, the legislators specifically intended to ensure that consumers would not have to "do the math" to figure out the total price. Now, New York State's Division of Consumer Protection wants to make it easy for local governments and merchants too. As announced in the Governor's release, the DCP has issued guidance to

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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