House committee substitute to the 2nd edition makes the following changes.
Limits the scope of new GS 66-67.10 (governing charges for payments made by certain types of cards) to no longer extend to debit cards. Prohibits a merchant from charging more than 3% of the greater (was, lesser) of the total transaction or the charge (was, actual charge) that the merchant pays to a payment card entity to facilitate or process the payments. Adds a new provision exempting a merchant from the civil penalty for a first violation of the statute if the merchant establishes with the Secretary of Commerce that the merchant complied with the section within 30 days of the citation, remains in compliance, and has compensated affected consumers. Makes conforming changes.
Effective on the date the act becomes law, amends GS 55A-1-22 to increase the fee for filing articles of incorporation with the Secretary of State from $60 to $65.
Makes conforming changes to the effective date provisions and the act's titles.
CHARGES FOR CREDIT & CHARGE CARDS. (NEW)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO REGULATE THE AMOUNT A MERCHANT MAY CHARGE CUSTOMERS FOR PAYMENTS BY CREDIT CARD OR CHARGE CARD AND TO INCREASE THE FEE PAID TO THE SECRETARY OF STATE FOR FILING ARTICLES OF INCORPORATION UNDER THE NORTH CAROLINA NONPROFIT CORPORATION ACT.Intro. by Warren, Ross, Setzer, Tyson.
SOG comments (2):
Long title change
Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO REGULATE THE AMOUNT A MERCHANT MAY CHARGE CUSTOMERS FOR PAYMENTS BY CREDIT CARD, CHARGE CARD, OR DEBIT CARD.
Bill History:
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Wed, 29 Jan 2025 House: Filed(link is external)
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Wed, 29 Jan 2025 House: Filed(link is external)
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Wed, 29 Jan 2025 House: Filed(link is external)
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Thu, 30 Jan 2025 House: Passed 1st Reading(link is external)
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Thu, 30 Jan 2025 House: Passed 1st Reading(link is external)
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Thu, 30 Jan 2025 House: Passed 1st Reading(link is external)
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Mon, 3 Feb 2025 House: Withdrawn From Com(link is external)
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Mon, 3 Feb 2025 House: Withdrawn From Com(link is external)
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Mon, 3 Feb 2025 House: Withdrawn From Com(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Judiciary 1 Stricken(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Finance Stricken(link is external)
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Wed, 12 Feb 2025 House: Withdrawn From Com(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Judiciary 1 Stricken(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Finance Stricken(link is external)
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Wed, 12 Feb 2025 House: Withdrawn From Com(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Judiciary 1 Stricken(link is external)
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Wed, 12 Feb 2025 House: Serial Referral To Finance Stricken(link is external)
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Wed, 12 Feb 2025 House: Withdrawn From Com(link is external)
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Mon, 7 Apr 2025 House: Withdrawn From Com(link is external)
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Mon, 7 Apr 2025 House: Withdrawn From Com(link is external)
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Mon, 7 Apr 2025 House: Withdrawn From Com(link is external)
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Tue, 15 Apr 2025 House: Reptd Fav(link is external)
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Tue, 15 Apr 2025 House: Re-ref Com On Finance(link is external)
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Tue, 15 Apr 2025 House: Reptd Fav(link is external)
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Tue, 15 Apr 2025 House: Re-ref Com On Finance(link is external)
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Tue, 15 Apr 2025 House: Reptd Fav(link is external)
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Tue, 15 Apr 2025 House: Re-ref Com On Finance(link is external)
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Thu, 17 Apr 2025 House: Withdrawn From Com(link is external)
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Thu, 17 Apr 2025 House: Withdrawn From Com(link is external)
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Thu, 17 Apr 2025 House: Withdrawn From Com(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Wed, 18 Jun 2025 House: Withdrawn From Com(link is external)
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Wed, 18 Jun 2025 House: Withdrawn From Com(link is external)
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Tue, 24 Jun 2025 House: Reptd Fav Com Sub 2(link is external)
Bill Summaries:
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Bill H 13 (2025-2026)Summary date: Jun 24 2025 - View Summary
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Bill H 13 (2025-2026)Summary date: Apr 29 2025 - View Summary
House committee substitute to the 1st edition makes the following changes.
Expands the scope of new GS 66-67.10 (governing charges for payments made by certain types of cards) to extend to charge cards. Modifies the cap on charges that merchants may impose for credit, charge, or debit card transactions to either 3% of the total transaction or the actual fee the merchant pays to a payment card entity, whichever is less (was, just actual fee). Requires merchants to clearly and conspicuously disclose the fee at the point of entry and the point of sale for in-person transactions, on the home page and webpage for online transactions the amount of the charge, and verbally for transactions processed over the telephone (was, had to disclose in advertisements, without specifics as to where in the advertisement, and no requirement that the disclosure be clear and conspicuous). Authorizes merchants to offer discounts for payment by other tender, so long as the discount is offered to all other prospective customers and it is clearly and conspicuously disclosed. Prohibits merchants from imposing the card fee in lieu of another means of payment if it only accepts payment by card. Reduces the cap on the civil penalty from $2,500 for the first violation and $5,000 for any subsequent violations to $500 per violation. Amends the act's titles.
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Bill H 13 (2025-2026)Summary date: Jan 29 2025 - View Summary
Enacts new GS 66-67.10 prohibiting persons selling goods or services at retail (merchant) from imposing a charge for credit or debit card payments that is more than the charge the merchant pays to a payment card entity to facilitate or process those payments. Requires merchants imposing these charges to conspicuously disclose the amount of such charges in any advertisements it posts stating that it accepts payment by debit or credit card. Authorizes the Secretary of Commerce to assess civil penalties against a merchant for violations. Sets caps on the fees for initial and subsequent violations. Directs that the proceeds of any civil penalties will be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2.
Effective October 1, 2025, and applies to payments made on or after that date.
Previous title was AN ACT TO REGULATE THE AMOUNT A MERCHANT MAY CHARGE CUSTOMERS FOR PAYMENTS BY CREDIT CARD OR DEBIT CARD.