SFLBSB254 2395 797 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbySenator NO.Mizell on behalf of the Legislative Bureau to Engrossed Senate Bill No.

254 BYby SENATORSenator MIZELLMizell ANAMENDMENT ACTNO. 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;

1 On page 3, line 1, following "Subsection" and tobefore provide"of forthis" relatedchange matters."D" to "B".

BePage it1 enacted by the Legislature of Louisiana:1

Section 1.

Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S.

51:3081 and 3082, is hereby enacted to read as follows:

CHAPTER 52.

DEBIT CARD SURCHARGE §3081.

Debit card surcharge;

prohibiting certain excess fees;

liability;

definitions A.

As used in this Chapter:

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

(2)"Debitcard"meansacardorotherpaymentdevicethatdebitsfunds directly from a cardholder's deposit account.

(3) "Retail business" means any person or entity engaged in the sale of goods or services.

(4)"Surcharge" means anyadditional 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.

B.

In a sale of goods or services, a retail business shall not impose a surcharge on a cardholder who uses a debit card instead of cash, check, credit card, or any other similar means of payment.

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

Words which are struck through are deletions from existing law;

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.

§3082.

Enforcement;

penalties;

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

(2) If a court of competent jurisdiction grants judgment or injunctive relief to the attorney general, the court shall award the attorney general reasonable attorney fees, court costs, and investigative costs.

(3) A person who violates an administrative order or court order issued fora violation of this Section shall be subjecttoacivil penalty of notmorethan five hundred dollars for each violation.

A civil penalty may be imposed in any civil action brought by the attorney general.

(4) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general to promote consumer protection and education.

B.Theattorneygeneralshallestablishandmaintainatoll-freetelephone number and an electronic reporting system for cardholders to report an unlawful surcharge on a debit card.

C.