Subdivision 1. Limitation; prohibition. (a) A seller of goods or services may impose a surcharge on a purchaser who elects to use a credit card in lieu of payment by cash, check, or similar means, provided (1) the seller informs the purchaser of the surcharge both orally at the time of sale and by a sign conspicuously posted on the seller's premises, and (2) the surcharge does not exceed five percent of the purchase price.
(b) A seller of goods or services that establishes and is responsible for its own customer credit card may not impose a surcharge on a purchaser who elects to use that credit card in lieu of payment by cash, check, or similar means.
(c) For purposes of this section "surcharge" means a fee or charge imposed by a seller upon a buyer that increases the price of goods or services to the buyer because the buyer uses a credit card to purchase the goods or services. The term does not include a discount offered by a seller to a buyer who makes payment for goods or services by cash, check, or similar means not involving a credit card if the discount is offered to all prospective buyers and its availability is clearly and conspicuously disclosed to all prospective buyers.
Subd. 2. Penalty. A seller who violates this section is subject to a civil penalty of not more than $500 and shall refund the surcharge to each buyer.
1987 c 172 s 1
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325G — Consumer Protection; Solicitation Of Sales
Section 325G.01 — Effect Of Delivery.
Section 325G.02 — Definitions.
Section 325G.03 — Unsolicited Financial Transaction Cards.
Section 325G.04 — Lost Or Stolen Financial Transaction Cards.
Section 325G.041 — Married Woman; Name On Card.
Section 325G.042 — Consumer Credit; Equal Treatment Of Spouses.
Section 325G.05 — Disputed Accounts.
Section 325G.051 — Surcharges On Credit Cards.
Section 325G.052 — Credit Card Offers And Solicitations; Address Verifications.
Section 325G.06 — Definitions.
Section 325G.07 — Buyer's Right To Cancel.
Section 325G.08 — Writing Required; Notice Of Right To Cancel; Notice Of Cancellation.
Section 325G.09 — Return Of Payments Or Goods.
Section 325G.10 — Penalties For Violation.
Section 325G.12 — Definitions.
Section 325G.13 — Disclosure Obligation.
Section 325G.14 — Penalties; Remedies.
Section 325G.15 — Definitions.
Section 325G.16 — Restrictions.
Section 325G.17 — Definitions.
Section 325G.18 — Implied Warranties.
Section 325G.19 — Express Warranties.
Section 325G.203 — Definitions.
Section 325G.204 — Express Warranties.
Section 325G.205 — Assistive Device Replacement Or Refund.
Section 325G.206 — Nonconformity Disclosure Requirement.
Section 325G.207 — Other Remedies.
Section 325G.21 — Deficiency Judgments; Consumer Transactions; Definitions.
Section 325G.22 — Limits On Buyer's Liability.
Section 325G.23 — Definitions.
Section 325G.24 — Right Of Cancellation.
Section 325G.25 — Contract Regulation.
Section 325G.26 — Limitation On Membership Period.
Section 325G.27 — Registration Requirements, Surety Bond Requirement, Alternative Security.
Section 325G.30 — Definitions.
Section 325G.31 — Plain Language Required.
Section 325G.34 — Limits On Remedies.
Section 325G.35 — Review By The Attorney General.
Section 325G.36 — Waivers Void.
Section 325G.37 — Effective Date.
Section 325G.41 — Definitions And Computations.
Section 325G.42 — Credit Card Disclosures.
Section 325G.45 — Federal Law.
Section 325G.46 — Alternative Compliance.
Section 325G.47 — Notification Of Annual Fee.
Section 325G.50 — Membership Travel Contracts; Cancellation.
Section 325G.501 — Membership Travel Contracts Solicitation Gift Offers.
Section 325G.505 — Membership Travel Contracts In Excess Of $500.
Section 325G.51 — Penalties; Remedies.
Section 325G.52 — Consumer Education; Telemarketing Fraud.
Section 325G.53 — Gift Certificates.
Section 325G.54 — Cancellation Without Penalty Of Wireless Contracts By Military Service Personnel.