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Bill

S 4771

Relates to fees charged by municipal industrial development agencies

2025 Regular Session Introduced by James Skoufis

Prohibits retailers from charging or pressuring cash payments by adding cash-convenience fees; requires cash be accepted without such fees, with specified penalties for violations.

REFERRED TO LOCAL GOVERNMENT
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Bill Summary · S 4771

Summary: S 4771 (Introduced Oct. 27, 2025)

Overview

S 4771 is an introduced New Jersey bill that targets the practice of charging convenience or similar fees when customers pay with cash. The introduced version amends P.L.2019, c.50 (C.56:8-2.33) to require that retail sellers accept cash as payment without adding a fee specifically for using cash. The bill seeks to protect cash-paying consumers while preserving several enumerated exemptions. It is currently referred to the Local Government Committee. Primary sponsor: James Skoufis.

Note: The bill’s title references fees charged by municipal industrial development agencies, but the introduced text focuses on prohibiting cash-convenience fees for retail purchases.

What the bill would do

  • Prohibits a retailer from:

    • requiring that buyers pay with non-cash methods, or opposing cash as payment, in order to purchase goods or services;
    • adding a convenience fee or similar fee to the total sales price when the buyer pays with legal tender (cash).

  • Establishes penalties for violations:

    • First offense: civil penalty up to $2,500;
    • Second offense: civil penalty up to $5,000;
    • Third offense: considered an unlawful practice under existing consumer protection law (P.L.1960, c.39);
    • Fourth or subsequent offenses: also considered an unlawful practice.

  • Enforcement and venue:

    • Penalties are collected in a civil action under the Penalty Enforcement Law of 1999;
    • Superior Court has jurisdiction for enforcement.

Key provisions and definitions

  • “At retail”:

    • In-person retail transactions are included; telephone, mail, or Internet-based transactions are excluded.

  • “Convenience fee or other similar fee”:

    • Defined as a fee charged to a buyer for using legal tender (cash) at retail.

  • Specific exemptions ( Section 1(c) ):

    • Airports: applies only if at least two food vendors in each terminal accept cash;
    • Municipal parking facilities (regardless of operator);
    • Parking facilities that accept only mobile payment (i.e., do not offer non-mobile payment methods);
    • Car rental companies that accept a cashier’s check or certified check when offered by the buyer;
    • Sports or entertainment venues with seating capacity of 10,000 or more, regardless of the event.

  • Effective date:

    • Immediate.

Who would be affected

  • Retail sellers and service providers conducting in-person retail transactions in New Jersey.
  • Consumers paying with cash at participating retail locations.
  • Entities operating the exempted facilities (airports with the specified condition, municipal parking facilities, certain mobile-pay-only facilities, car rental companies, and large sports/entertainment venues).

Legislative status and actions

  • Introduced: October 27, 2025.
  • Referred to: Local Government (with related actions noted for prior sessions and committee referrals).
  • Primary sponsor: Sen. James Skoufis.

Potential impact and considerations

  • Consumer protections: Strengthens cash-acceptance rights and protects against cash-based surcharges.
  • Merchant impact: May constrain revenue strategies for businesses that rely on convenience fees; exemptions provide continued flexibility for certain operations.
  • Online sales unaffected: The in-person focus means online transactions (phone, mail, Internet) are not addressed by these amendments.
  • Local government considerations: Aligns with efforts to preserve cash as a payment option across commerce within the state.

If you’d like, I can provide a side-by-side comparison with existing law (P.L.2019, c.50) or a quick FAQ for merchants and consumers.

Compiled from official sources — confirm details with the bill’s official record.

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