Senate Commerce Committee Statement to Senate, No. 4107 — State of New Jersey (May 18, 2026)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated May 18, 2026, reports favorably and with committee amendments Senate Bill No. 4107. As amended, the bill prohibits a seller of services or goods from charging a surcharge when a customer pays with a debit card or gift card. A seller that imposes a surcharge on credit card transactions must clearly and conspicuously disclose, before payment, that it may not surcharge debit card or gift card payments. A violation is an unlawful practice under the consumer fraud act, punishable by not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The amendments extend the definition of debit card to include electronic benefit transfer cards.

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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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