An Act To Prohibit Surcharges on the Use of Debit Cards
FILED UNDER: General Business | Passed | 2010
Summary
Representative Sharon Treat, D-Hallowell, would prohibit surcharges on the use of debit cards.
Position
We oppose this bill.
Merchants do not currently charge surcharges on credit or debit cards and are prohibited from doing so by Visa and Mastercard rules. Hence, there is no need for this legislation especially during a legislative session where items considered as supposed to be listed as "emergency".
UPDATE 3-31-10: The Maine Senate and House passed this bill despite the strong objections of the Maine retail community. In supporting this bill, the legislators that voted for it are choosing to stand by the credit card companies at the expense of retailers and consumers. Here's the Senate roll call.
UPDATE 3-25-10: This bill is currently tabled in the Senate, but could be taken back up at any time. Senator Mills has drafted an amendment, which we support, which would delay implementation of this law until February 15, 2011. This will enable the issue to be properly considered by all parties at the federal and state level. Please contact your Senator and ask them to support the Mills Amendment (posted at right)
UPDATE 3-19-10: The bill passed the House by a 91-51 roll-call vote. View the roll call here.
UPDATE 3-9-10: The committee voted the bill ought to pass along party lines with Democrats supporting the bill and Republicans opposing it.
Even though all legislators acknowledged that merchants are not levying surcharges and are prohibited from doing so in merchant agreements with card processors, they nonetheless felt that they need to prohibit something that is not happening.