CardX: Governor Polis Signs Bipartisan Bill to Expand Payment Options for Consumers and Businesses
DENVER, July 8, 2021 /PRNewswire/ -- Today, Colorado Governor Jared Polis announced he signed Senate Bill 21-091 into law, which repeals Colorado’s prohibition on credit card surcharges while capping surcharges at either 2% of the transaction amount or the merchant’s actual cost. This bill, introduced by Senators Robert Rodriguez (D-Denver) and Larry Liston (R-Colorado Springs) and Representatives Shannon Bird (D-Westminster) and Colin Larson (R-Littleton), mandates a pro-consumer framework for the businesses that elect to surcharge, requiring transparent disclosures prior to the transaction and prohibiting surcharges on debit cards.
“It was my great pleasure to work hand-in-hand with business leaders, industry professionals, and consumers to develop a fair solution for businesses and consumers here in Colorado,” said Sen. Larry Liston. “SB21-091 is good legislation that will benefit all parties moving forward.”
Rep. Shannon Bird noted, “Understanding what makes things costly is important for consumers to help them better manage their expenses. SB21-091 helps consumers in just this way by repealing an antiquated law and allowing the cost of the credit cards we use to be itemized and communicated transparently. This new law is good for consumers and helpful for struggling small businesses.”
“The retail business community suffered one of its worst years on record in 2020, so focusing on legislation to hasten their recovery to get people back to work has been a priority for me,” said Rep. Colin Larson. “SB21-091 is commonsense policy that allows Colorado’s businesses to compete while enacting some of the most robust protections for consumers seen nationwide. I am proud to be part of the bipartisan team that passed this bill, and I look forward to continuing the important work of recovery for Colorado’s businesses.”
“We applaud the bill sponsors and key stakeholders who worked to pass this legislation, which provides an important and balanced option for merchants,” commented Jonathan Razi, CardX CEO, who testified in support of the bill alongside Grier Bailey of the Colorado Wyoming Petroleum Marketers Association. Razi added, “We serve businesses that are seeking to offset the rising cost of credit card acceptance and keep their prices low, and I believe that SB21-091, which harmonizes with industry rules and includes the most robust consumer protections in the country, will be an influential template for other states considering this issue.”
SB21-091 aligns with U.S. Supreme Court precedent and legal decisions in other states that have held that surcharge bans unconstitutionally restrict merchants’ First Amendment rights. A Kansas prohibition on surcharging was struck down as recently as February 25, 2021 in CardX, LLC v. Schmidt.
For more information about Senate Bill 21-091, visit: leg.colorado.gov/bills/sb21-091
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