SB 254

2026 Regular Session  ENROLLED
  ACT No. 751
 SENATE BILL NO. 254
 BY SENATOR MIZELL AND REPRESENTATIVE CHASSION
1AN ACT
2 To enact Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised
3of R.S. 51:3081 and 3082, relative to debit card surcharges; to prohibit certain excess
4surcharges; to provide for liability; to provide for a private right of action; to provide
5for reporting requirements; to provide for enforcement; to provide for civil penalties;
6and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8Section 1. Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950,
9 comprised of R.S. 51:3081 and 3082, is hereby enacted to read as follows:
10CHAPTER 52. DEBIT CARD SURCHARGE
11§3081. Debit card surcharge; prohibiting certain excess fees; liability;
12definitions
13A. As used in this Chapter:
14(1) "Cardholder" means the person named on the face of a debit card to
15whom or for whose benefit the debit card is issued by an issuer and includes any
16employee or other agent or authorized user of the card.
17(2) "Debit card" means a card or other payment device that debits funds
18directly from a cardholder's deposit account.
19(3) "Retail business" means any person or entity engaged in the sale of
20goods or services.
21(4) "Surcharge" means any additional amount of money imposed at the
22time of the transaction by a retail business that increases the charge to the
23cardholder for the privilege of using a debit card.
24B. In a sale of goods or services, a retail business shall not impose a
25surcharge on a cardholder who uses a debit card instead of cash, check, credit
26card, or any other similar means of payment.
27C.(1) A retail business that violates the provisions of this Section shall be
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  words in boldface type and underscored are additions.
 SB NO. 254  ENROLLED
1liable to the cardholder for actual damages incurred as a result of the violation.
2(2) Prior to filing a civil action, a cardholder shall provide written notice
3of the alleged violation to the retail business. If the retail business cures the
4violation and reimburses the cardholder for any surcharge assessed within
5thirty days after receipt of written notice, no private right of action shall arise
6from the alleged violation.
7(3) A private right of action pursuant to this Section shall apply only to
8willful violations, repeated violations, or violations that are not cured within the
9time period provided in Paragraph (2) of this Subsection.
10(4) Nothing in this Section shall limit the authority of the attorney
11general to enforce the provisions of this Chapter pursuant to R.S. 51:3082.
12§3082. Enforcement; penalties; reporting
13A.(1) The attorney general may bring a civil action against a retail
14business that violates the provisions of this Chapter.
15(2) If a court of competent jurisdiction grants judgment or injunctive
16relief to the attorney general, the court shall award the attorney general
17reasonable attorney fees, court costs, and investigative costs.
18(3) A person who violates an administrative order or court order issued
19for a violation of this Section shall be subject to a civil penalty of not more than
20five hundred dollars for each violation. A civil penalty may be imposed in any
21civil action brought by the attorney general.
22(4) All monies received from the payment of a fine or civil penalty
23imposed and collected pursuant to the provisions of this Section shall be used
24by the attorney general to promote consumer protection and education.
25B. The attorney general shall establish and maintain a toll-free telephone
26number and an electronic reporting system for cardholders to report an
27unlawful surcharge on a debit card.
28C. Any cardholder who is assessed a surcharge in violation of this
29Chapter for the use of a debit card may submit a complaint to the attorney
30general through the toll-free number or electronic reporting system established
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1pursuant to Subsection B of this Section. The complaint shall include all of the
2following information:
3(1) The name and address of the retail business.
4(2) The date and amount of the transaction.
5(3) The amount of the surcharge imposed.
6(4) Any receipt, invoice, or other documentation evidencing the
7surcharge.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.