CO SB091

Sellers and lessors may impose surcharges on credit or charge card transactions under two options: either up to 2% of the total transaction cost, or up to the actual merchant discount fee incurred by the seller or lessor.

Sellers and lessors imposing surcharges must post visible signage at physical locations or display notice online before transaction completion, using specific state-mandated language that also states surcharges do not apply to cash, checks, debit cards, or gift card redemptions.

Surcharges must appear as a separate line item on customer receipts and only one surcharge per transaction is permitted; surcharges cannot be imposed on payments made by cash, check, debit card, or gift card redemption.

Sellers or lessors who violate the surcharge restrictions violate the Colorado Consumer Credit Code and are subject to liability as creditors, with buyers or lessees treated as consumers for liability purposes.

Sellers and lessors may impose surcharges regardless of any contract or agreement entered into after the effective date, and the act takes effect July 1, 2022, subject to voter approval if a referendum petition is filed.