§8-509. Credit card and debit card surcharge prohibition
406 words·~2 min read·
/me/title-9-a-maine-consumer-credit-code/8-509·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Surcharge prohibited. A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means. For purposes of this section, "surcharge" means any means of increasing the regular price to a cardholder that is not imposed on a customer paying by cash, check or similar means. A discount or reduction from the regular price is not a surcharge.
[PL 2011, c. 427, Pt. A, §15 (NEW).]
2. Surcharge permitted for governmental entity. Notwithstanding subsection 1 , a governmental entity may impose a surcharge for payments made with a credit card or debit card for taxes, fines, charges, utility fees, regulatory fees, registration fees, license or permit fees or the provision of a specific service or good provided by that governmental entity if the surcharge:
A. Is disclosed clearly to the consumer prior to payment; and [PL 2011, c. 427, Pt. A, §15 (NEW).]
B. Does not exceed the costs associated with providing the credit card or debit card service that are directly incurred by the governmental entity or assessed by an authorized 3rd-party payment service provider for a credit card or debit card transaction. If there is not a cost assessed by an authorized 3rd-party payment service provider for a debit card transaction, the governmental entity may not impose a surcharge associated with a debit card transaction. [PL 2011, c. 427, Pt. A, §15 (NEW).]
A governmental entity shall disclose to the consumer that the surcharge may be avoided if the consumer makes payments by cash, check or other means not a credit card or debit card. A governmental entity is not subject to any liability to the issuer of a credit card or an authorized 3rd-party payment service provider for nonpayment of credit card charges by the consumer. As used in this subsection, "governmental entity" includes, but is not limited to, a state department or agency, a county established or governed by Title 30‑A, Part 1 , a municipality as defined in Title 30‑A, section 2001, subsection 8 , a plantation established or governed by Title 30‑A, chapter 301 , a quasi-municipal corporation as defined in Title 30‑A, section 2604, subsection 3 , the Judicial Department as described in Title 4 , the University of Maine System, the Maine Community College System and the Maine Maritime Academy.
[PL 2021, c. 150, §2 (AMD).]