Senate Bill No. 254, introduced by Senator Mizell, aims to regulate surcharges imposed by retail businesses on debit card transactions. The bill enacts new provisions under R.S. 9:3518.5 and 3518.6, which explicitly prohibit retail businesses from charging any surcharge to cardholders using debit cards for purchases. It defines key terms such as "cardholder," "debit card," "retail business," and "surcharge," and establishes that any retail business found in violation of this prohibition will be liable for damages incurred by the cardholder, including attorney fees.
Additionally, the bill empowers the attorney general to enforce these provisions through civil actions and imposes a civil fine of up to $500 for each violation. Before initiating enforcement actions, the attorney general must provide written notice to the retail business detailing the alleged violations, allowing them 45 days to cure the violation. The bill also mandates the establishment of a toll-free number and an electronic reporting system for consumers to report unlawful surcharges, with all collected fines directed towards consumer protection and education initiatives. The effective date for these provisions is set for August 1, 2026.