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Note that this only applies customers who elect to use a credit card in lieu of cash or check or similar. For online transactions where credit cards are the only payment method accepted, that section does not apply.



While a reading of the letter of the law seems to indicate that you would be correct and would be able to pass on/differentiate charges ("The customer CAN'T 'elect' to use a credit card because we don't take anything else! Suck on that, legislature!"), my reading is that the "intent of the legislature"^ clause would almost certainly preclude you from charging credit card surcharges and that a customer who sued you for doing so would win.

^"It is the intent of the Legislature to promote the effective operation of the free market and protect consumers from deceptive price increases for goods and services by prohibiting credit card surcharges[...]"


What about section (c)? That pretty clearly indicates the legislature probably intended my reading.




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