HB700: HB700 Commerce and trade; limit amount of surcharges charged by merchants for purchasers using credit cards

Georgia law already regulates how merchants handle a purchaser's credit card information under O.C.G.A. § 10-1-393.3. This bill would add a new limit to that law: when a merchant charges an extra fee (a surcharge) for customers who pay by credit card, that surcharge could not be more than what it actually costs the merchant to process the credit card transaction. The bill adds this rule as a new subsection to the existing code section rather than rewriting the whole law. It does not set a specific dollar cap or percentage; instead it ties the allowed surcharge to the merchant's real processing cost. The bill also repeals any conflicting laws, a standard closing provision, but does not list a separate effective date, so it would take effect under Georgia's general rules for new laws once signed.

• Adds a new subsection (d.1) to Georgia's credit card law (O.C.G.A. § 10-1-393.3) addressing surcharges for credit card purchases.
• Prohibits merchants from charging a credit card surcharge that exceeds the actual cost the merchant pays to process that transaction.
• Applies the limit to any transaction where a purchaser uses a credit card, not just certain types of purchases.
• Repeals any existing state laws that conflict with this new surcharge limit.

Georgia merchants and retailers who add surcharges for credit card payments, and consumers who use credit cards to make purchases and may currently be charged surcharges above the merchant's actual processing cost.

If enacted, Georgia shoppers who pay by credit card could not be charged more in surcharges than what it actually costs the store to process that payment, which could lower some out-of-pocket costs at checkout while requiring merchants to tie their fees to real processing expenses.

• Section 1 amends O.C.G.A. § 10-1-393.3 by adding subsection (d.1), which bars merchants from charging a credit card surcharge greater than their actual processing cost.
• Section 2 repeals any conflicting state laws, a standard provision clearing the way for the new rule to take effect.

1. 2025-03-06House Second Readers (House)
2. 2025-03-04House First Readers (House)
3. 2025-03-03House Hopper (House)

• Solomon Adesanya (D, HD-043)Primary sponsor
• Arlene Beckles (D, HD-096)
• Saira Draper (D, HD-090)

• credit card surcharges
• consumer protection
• commerce and trade
• merchant fees