Serving Your Government Needs

New Jersey Acts to Limit Credit Card Surcharges on Purchases

Signed into law August 18, 2023

Types of Transactions

Any sale, lease or rental occurring in New Jersey of goods of any kind (except motor fuel) or services of any kind to a buyer who is required to pay a surcharge for using a credit card for payment.

Obligation of Sellers

• Limits the amount of a surcharge sellers may impose on consumers paying with a credit card. (The surcharge percentage of the seller, must not exceed credit card processing fees).
• Requires sellers that impose such surcharges, to make certain disclosures to consumers.
• Imposes certain record keeping, responsibilities upon sellers to have available to consumer affairs.

Posting of signage, Disclosure

• Post a clear and conspicuous sign in the customer service area (point of entry, point of sale and if a restaurant, on menu).
• The seller must provide clear and conspicuous electronic notice on, homepage, mobile application, electronic kiosk prior to processing a credit card transaction. 
• If a seller is processing a credit card payment for a transaction that will occur over the telephone, must advise the consumer verbally before the transaction. 

Documentation Requirements

The law requires sellers to keep and make available to the New Jersey Division of Consumer Affairs (DCA) whatever account books, papers, documents, and other records the DCA needs to determine whether the seller is complying with the law.