Subsection (a) of section 28A in Chapter 140D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out paragraph (2) and inserting in place thereof the following 2 paragraphs:-

(2) A seller shall not impose on a customer who uses a credit card for a transaction occurring in the commonwealth a surcharge that is greater than the actual cost to the seller to process the credit card payment.

(3) A seller that imposes a surcharge on a customer to process a credit card payment shall disclose the amount of the surcharge, prior to the customer incurring any charge for goods or services, by, in the case of a seller other than a restaurant, posting clear and conspicuous notice on a sign at the point of sale or, in the case of a restaurant, on a sign in the customer service area and on the menu; provided, however, that if the seller is processing a credit card payment for a transaction that will occur through an internet website, a mobile application or an electronic kiosk, the seller shall provide clear and conspicuous electronic notice on the checkout page of the internet website, mobile application or electronic kiosk prior to processing the transaction; and provided further, that if the seller is processing a credit card payment for a transaction that will occur over the telephone, the seller shall provide verbal notice prior to processing the transaction.