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Senate Commerce Committee Statement to Senate, No. 4107 (May 18, 2026)

Summary

Statement to Senate, No. 4107, with committee amendments, from the Senate Commerce Committee of the State of New Jersey, dated May 18, 2026, reporting Senate Bill No. 4107 favorably. The statement says the amended bill prohibits a seller providing a service or selling goods from charging a surcharge when a customer pays with a debit card or gift card. It says a seller that surcharges credit card transactions must disclose before payment that no surcharge applies to debit card or gift card payments. It states a violation is an unlawful practice under the consumer fraud act, punishable by a penalty of not more than $10,000 for a first offense.

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“Senate Commerce Committee Statement to Senate, No. 4107 (May 18, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-05-18-scm-s4107-s1-22cc9a0a96/, SHA-256 4d279fcc0b9eb9d9996e82e289622f5a998c0bcf6faa7e5d3f8f8012b1b8c1f8.

Full text

     SENATE COMMERCE COMMITTEE

                     STATEMENT TO

                   SENATE, No. 4107
                    with committee amendments



 STATE OF NEW JERSEY
                       DATED: MAY 18, 2026

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 4107.
    As amended, this bill prohibits a seller providing a service or
selling goods from charging a surcharge when a customer uses a
debit card or gift card to pay for the transaction.
    The bill further provides that if a seller imposes a surcharge on
credit card transactions, the seller is required to clearly and
conspicuously disclose, prior to payment, that the seller is
prohibited from applying a surcharge to payments made by debit
card or gift card.
    A violation of the bill is an unlawful practice under the
consumer fraud act. An unlawful practice is punishable by a
monetary penalty of not more than $10,000 for a first offense and
not more than $20,000 for any subsequent offense. In addition, a
violation can result in cease and desist orders issued by the
Attorney General, the assessment of punitive damages, and the
awarding of treble damages and costs to the injured party.

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) expand the bill’s provisions to cover goods, in addition to
services;
    (2) remove a reference to cash payment;
    (3) prohibit a seller from charging a surcharge on a transaction
paid for with a gift card and to add a definition to the bill for the term
“gift card;” and
    (4) update the definition of debit card to include electronic benefit
transfer card.

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