SB 254 — CREDIT: Provides relative to surcharges for debit card use. (8/1/26)

SLS 26RS-121 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

254 BY SENATOR MIZELL CREDIT.AN ACT To enact Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised ofR.S.51:3081and3082,relativetodebitcardsurcharges;toprohibitcertainexcess surcharges;toprovideforliability;toprovideforaprivaterightofaction;toprovide forreportingrequirements;toprovideforenforcement;toprovideforcivilpenalties;

Provides relative to surcharges for debit card use.

(8/1/26) AN ACT To enact Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised ofR.S.51:3081and3082,relativetodebitcardsurcharges;toprohibitcertainexcess surcharges;to provideforliability;toprovideforreportingrequirements;to provide for enforcement;

to provide for civil penalties;

DEBIT CARD SURCHARGE §3081.Debitcardsurcharge;prohibitingcertainexcessfees;liability;reporting§3081. A.

AsDebit usedcard insurcharge; this Section:

(1)"Cardholder"prohibiting meanscertain thepersonnamedonthefaceofadebitexcess cardtofees; whomorforwhosebenefitthedebitcardisissuedbyanissuerandshallinclude any employee or other agent or authorized user of the card.

liability;

definitions A.

As used in this Chapter:

(1)"Cardholder" means thepersonnamedonthefaceofadebitcardto whomorforwhosebenefitthedebitcardisissuedbyanissuerandincludesany employee or other agent or authorized user of the card.

(3) "Retail business" means any person or entity engaged in the sale of Pagegoods 1or ofservices. 4 Coding:

Words(4)"Surcharge" whichmeans areanyadditional struckamount throughof aremoneyimposed deletionsatthe fromtime existingof law;the transaction by a retail business that increases the charge to the cardholder for the privilege of using a debit card.

words in boldface type and underscored are additions.

SLS 26RS-121 REENGROSSED SB NO.

254 goods or services.

(4)"Surcharge" means any additional amount of moneyimposed atthe time of the transaction by a retail business that increases the charge to the cardholder for the privilege of using a debit card.

C.C.(1)AretailbusinessthatviolatestheprovisionsofthisSectionshallbe Page 1 of 3 Coding:

AWords retailwhich businessare thatstruck violatesthrough theare provisionsdeletions offrom thisexisting Sectionlaw; shall be liable to the cardholder for any damages or expenses, or both, including attorney fees, which the cardholder incurs.

words in boldface type and underscored are additions.

SB NO.

254 ENROLLED liabletothecardholderforactualdamagesincurredasaresultoftheviolation.

(2)Priortofilingacivilaction,acardholdershallprovidewrittennotice of the alleged violation to the retail business.

If the retail business cures the violation and reimburses the cardholder for any surcharge assessed within thirty days after receipt of written notice, no private right of action shall arise from the alleged violation.

(3) A private right of action pursuant to this Section shall apply only to willfulviolations,repeatedviolations,orviolationsthatarenotcuredwithinthe time period provided in Paragraph (2) of this Subsection.

(4) Nothing in this Section shall limit the authority of the attorney general to enforce the provisions of this Chapter pursuant to R.S.

51:3082.

penaltiespenalties; A.(1) The attorney general may bring a civil action against a retail business that violates the provisions of this Chapter.

reporting A.(1) The attorney general may bring a civil action against a retail business that violates the provisions of this Chapter.

(3) A person who violates an administrative order or court order issued fora violation of this SectionshallSection besubjecttoshall abe civilsubjecttoacivil penalty of notnotmorethan morethan five hundred dollars for each violation.

Any cardholder who is assessed a surcharge in violation of this Chapter for the use of a debit card may submit a complaint to the attorney generalthroughthetoll-freenumberorelectronicreportingsystemestablished Page 2 of 43 Coding:

SLS 26RS-121 REENGROSSED SB NO.

254 ENROLLED pursuant to Subsection B of this Section.

ThePRESIDENT originalOF instrumentTHE andSENATE theSPEAKER followingOF digest,THE whichHOUSE constitutesOF noREPRESENTATIVES partGOVERNOR ofOF theTHE legislativeSTATE instrument,OF wereLOUISIANA preparedAPPROVED: bySenate Legislative Services.

ThePage keyword,3 summary, and digest do not constitute part of the3 lawCoding: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 254 Reengrossed 2026 Regular Session Mizell Proposed law defines "cardholder", "debit card", "retail business", and "surcharge".

Proposed law prohibits a retail business from charging a surcharge to a cardholder using a debit card to purchase goods or services.

Proposed law provides that a retail business in violation of proposed law shall be liable to the debit cardholder.