Businesses have always been allowed to pass along the processing fees charged by credit card companies. For many years, vendors and restauranteurs absorbed the cost, generally 1.5% to 3.5% of these charges. Recently, businesses have been passing along these charges to their customers. Under A-4284/S-3508, which has passed both houses of the Legislature without opposition and is headed to Gov. Murphy for his signature, retailers and restaurants may continue to do so but with restrictions; they will not be able to profit from the “pass along” transactions. They will not be allowed to impose an additional surcharge that exceeds the costs actually incurred for processing credit card transactions.
Also, consumers must be apprised of the costs in advance. Businesses will have to post “clear and conspicuous” notifications at the point of entry and point of sale. The law also applies to electronic kiosks and mobile purchases where a seller must provide clear and conspicuous electronic notice on the Internet website, mobile application, or electronic kiosk prior to processing the transaction. For a telephone transaction, oral notice must be given.
