AN ACT to regulate the amount a merchant may charge customers for payments by credit card or debit card.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 13 of Chapter 66 of the General Statutes is amended by adding a new section to read:

§ 66‑67.10.  Charges for payments by credit card or debit card.

(a)        In this section, the following definitions apply:

(1)        Merchant. – A person that engages in the business of selling goods or services at retail.

(2)        Payment card entity. – An entity involved in facilitating or processing an electronic transfer of funds between a merchant and a customer using a credit card or debit card.

(b)        A merchant operating in this State shall not impose a charge for payments by credit card or debit card that is more than the charge that the merchant pays to a payment card entity to facilitate or process these payments. If a merchant operating in this State advertises that it accepts payments by credit card or debit card and imposes a charge for these payments, the merchant shall conspicuously disclose the amount of the charge in the advertisement.

(c)        The Secretary of Commerce may assess a civil penalty against a merchant for a violation of this section. The amount of the penalty shall not exceed two thousand five hundred dollars ($2,500) for the first violation or five thousand dollars ($5,000) for a subsequent violation. The clear proceeds of civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

SECTION 2.  This act becomes effective October 1, 2025, and applies to payments made on or after that date.