N.Y. General Business Law § 518: Credit card surcharge notice requirement

§ 518. 1. Credit card surcharge notice requirement. Any seller in any

sales transaction imposing a surcharge on a customer who elects to use a

credit card in lieu of payment by cash, check, or similar means shall

clearly and conspicuously post the total price for using a credit card

in such transaction, inclusive of surcharge, provided however, any such

surcharge may not exceed the amount of the surcharge charged to the

business by the credit card company for such credit card use. The final

sales price of any such sales transaction, inclusive of such surcharge,

shall not amount to a price greater than the posted price for such sales

transaction. Nothing in this subdivision shall be deemed to prohibit

merchants from offering a two-tier pricing system. For the purposes of

this section, "two-tier pricing system" shall mean the tagging or

posting of two different prices in which the credit card price,

inclusive of any surcharge, is posted alongside the cash price.

2. Any seller who violates the provisions of this section shall be

liable for a civil penalty, recoverable in an action or proceeding

brought in a court of competent jurisdiction not to exceed five hundred

dollars for each such violation. The provisions of this subdivision may

be enforced concurrently by the director or commissioner of a municipal

consumer affairs office, or by the town attorney, city corporation

counsel, or other lawful designee of a municipality or local government,

and all moneys collected thereunder shall be retained by such

municipality or local government.