HB726: HB726 Commerce and trade; surcharges charged by merchants for purchasers' use of credit cards; limit amount

Georgia law already allows merchants to add a surcharge when a customer pays with a credit card instead of cash, under O.C.G.A. § 10-1-393.3. This bill adds a new limit to that law: the surcharge a merchant charges cannot be more than what it actually costs the merchant to process that credit card transaction. The bill does this by inserting a new subsection into the existing code section rather than rewriting the whole law. It does not set a specific dollar or percentage cap, instead tying the limit 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 beyond the usual process for bills that become law.

• Adds a new subsection to Georgia's credit card surcharge law (O.C.G.A. § 10-1-393.3) limiting how much merchants can charge.
• Prohibits merchants from charging a credit card surcharge that exceeds their actual cost of processing that transaction.
• Repeals any existing state laws that conflict with this new limit.

Retailers and other merchants in Georgia who add surcharges for credit card payments, and Georgia consumers who pay with credit cards, since their maximum surcharge would now be tied to the merchant's real processing cost.

If enacted, merchants could no longer charge card surcharges as a flat markup or profit source; they would need to justify the fee based on actual processing costs, which could reduce what some customers pay when swiping a credit card.

• Section 1 adds new subsection (d.1) to O.C.G.A. § 10-1-393.3, barring merchants from charging a credit card surcharge above their actual processing cost.
• Section 2 repeals any conflicting laws, a standard clause clearing away inconsistent prior statutes.

1. 2025-03-10House Second Readers (House)
2. 2025-03-06House First Readers (House)
3. 2025-03-04House Hopper (House)

• Terry Cummings (D, HD-039)Primary sponsor
• Spencer Frye (D, HD-122)
• Dexter Sharper (D, HD-177)
• Michael Smith (D, HD-041)
• David Wilkerson (D, HD-038)
• Segun Adeyina (D, HD-110)

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