HCASB254 4463 5648 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendmentsproposedbyHouseCommitteeonCommerceto SENATEReengrossedSenateBill BILLNo. NO.

254by BYSenator SENATORMizell MIZELLAMENDMENT ANNO. 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;

1 On page 1, line 4, between "liability;" and to"to" insert "to provide for relateda matters.private right of action;" AMENDMENT NO.

Be2 itOn enactedpage by2, thedelete Legislaturelines of8 Louisiana:through 10 and insert in lieu thereof the following:

"C.(1) A retail business that violates the provisions of this Section 1.shall be liable to the cardholder for actual damages incurred as a result of the violation.

Chapter(2) 52Priortofilingacivilaction,acardholdershallprovidewrittennotice of Title 51 of the Louisianaalleged Revisedviolation Statutesto ofthe 1950,retail comprisedbusiness. 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.

51:3082.51:3082." Page 1 of 1 CODING:

§3082.Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

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.

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 3 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.