1Prohibiting retailers from imposing surcharges on transactions
2made with credit cards; providing for discounts for
3transactions made with cash consideration; and imposing
4penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Credit Card
9Surcharge Prohibition Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Surcharge." Any additional amount imposed at the time of a
15sale or lease transaction by the seller or lessor that increases
16the charge to the buyer or lessee for the privilege of using a
17credit card to make payment. Charges imposed pursuant to

1approved Federal or State tariffs shall not be considered a
2surcharge.

3Section 3. Surcharge prohibition.

4No retailer in any sales, service or lease transaction may
5impose a surcharge on a cardholder who elects to use a credit
6card in lieu of payment by cash, check or similar form of
7consideration.

8Section 4. Cash discount provision.

9A retailer may offer discounts for the purpose of inducing
10payments by cash, check or other means not involving the use of
11a credit card, provided that the discount is offered to all
12prospective buyers.

13Section 5. Consumer remedies.

14A retailer who willfully violates this act by imposing a
15surcharge on a cardholder who elects to use a credit card and
16who fails to repay the surcharge amount to the cardholder within
1730 days of a written demand by the cardholder to the retailer by
18certified mail, shall be liable to the cardholder for three
19times the amount at which actual damages are assessed. The
20cardholder shall also be entitled to recover reasonable attorney
21fees and cost incurred in the action. A cause of action under
22this act may be brought before a magisterial district justice,
23if it does not exceed the jurisdiction of that court or in any
24other appropriate court.

25Section 6. Penalties.

26A person who violates this act commits a summary offense and
27shall, upon conviction, be sentenced to pay a fine not less than
28$300 but not more than $1,000 or to imprisonment not exceeding
2990 days, or both, for each violation.

30Section 7. Effective date.

1This act shall take effect in 60 days.