During the 84th regular session in 2015, the Texas Legislature passed S.B. 641, relating to debit card or stored value card surcharges. The law, cited as Business & Commerce Code Chapter 604A, prohibits a merchant from imposing a surcharge on a buyer who uses a debit or stored value card instead of cash, a check, credit card, or a similar means of payment in a sale of goods or services, with an exception for government entities that accept debit or stored value cards.
As of September 1, 2015, responsibility for the enforcement of this law has moved from the Department of Banking to the Attorney General’s office. If you would like to file a complaint about a merchant that is imposing a surcharge on debit or stored value card purchases, please contact the Consumer Protection Division at the Attorney General’s office. You may complete their online complaint form or call the Consumer Protection Hotline at (800) 621-0508.