MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Business and Commerce
By: Representative Anderson (110th)
AN ACT TO CREATE THE "FAIR PAYMENT PROTECTION ACT"; TO DEFINE CERTAIN TERMS RELATED TO THIS ACT; TO PROHIBIT BUSINESSES FROM IMPOSING SURCHARGES OR SERVICE CHARGES ON CONSUMERS WHO CHOOSE TO PAY WITH A CREDIT OR DEBIT CARD; TO CLASSIFY SUCH PRACTICES AS UNFAIR OR DECEPTIVE TRADE PRACTICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Fair Payment Protection Act".
(a) "Agent" means any person who arranges for the distribution of services by another person, or leases, rents or sells tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, on behalf of another person, and includes, but is not limited to, any person who is duly appointed as an agent by a common carrier, any person who sells transportation, travel or vacation arrangements on behalf of another person who is engaged in the business of furnishing transportation, travel or vacation services, and any member of a cruise line association that operates exclusively as an agent for cruise lines to sell cruise travel products or services. "Agent" does not mean a common carrier, an employee of a common carrier, or any person engaged in the business of furnishing transportation, travel or vacation services.
(b) "Charge card" means any card, device or instrument that is issued, with or without a fee, to a holder and requires the holder to pay the full outstanding balance due on such card, device or instrument at the end of each standard billing cycle established by the issuer of such card, device or instrument, and may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, and includes, but is not limited to, any software application that is used to store a digital form of such card, device or instrument, and may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing.
(c) "Credit card" means any card, device or instrument that is issued, with or without a fee, to a holder, and may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value on credit, regardless of whether such card, device or instrument is known as a credit card, credit plate or by any other name, and includes, but is not limited to, any software application that is used to store a digital form of such card, device or instrument, and may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing on credit.
(d) "Debit card" means any card, code, device or other means of access, or any combination thereof, that is authorized or issued for use to debit an asset account held, directly or indirectly, by a financial institution, and may be used in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value regardless of whether such card, code, device, means or combination is known as a debit card, and includes, but is not limited to, any software application that is used to store a digital form of such card, code, device or other means of access, or any combination thereof, that may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing, and any cards, codes, devices or other means of access, or any combination thereof, commonly known as automated teller machine cards and payroll cards. "Debit card does not mean a check, draft or similar paper instrument, or any electronic representation of such check, draft or instrument.
(e) "Person" means any natural person, corporation, incorporated or unincorporated association, limited liability company, partnership, trust or other legal entity.
(f) "Surcharge" means any additional charge or fee that increases the total amount of a transaction for the privilege of using a particular method of payment.
(g) "Transaction" means distribution by one person to another person of any service, or the lease, rental or sale by one person of any tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value to another person, for a certain price in this state. "Transaction" does not mean payment of any fees, costs, fines or other charges to a state agency, taxes, penalties, interest and fees allowed by the Department of Revenue, taxes, penalties, interest and fees, or other charges, to a municipality, fees, costs, fines or other charges to the Judicial Branch, or a sum pursuant to any other provision of the general statutes or regulation of Mississippi state agencies.
(2) No person may impose a surcharge on any transaction.
(3) Nothing in this section shall prohibit any person from offering a discount on any transaction to induce payment by cash, check, debit card or similar means rather than by charge card or credit card. No person may offer any such discount unless such person posts a notice disclosing such discount. Such person shall clearly and conspicuously post such notice on such person's premises if such person conducts transactions in-person, display such notice on the Internet web site or digital payment application before completing any online transaction or transaction that is processed by way of such digital payment application, and verbally provide such notice before completing any oral transaction, including, but not limited to, any telephonic transaction.
(4) No existing or future agreement or contract shall prohibit a gasoline distributor or retailer from offering a discount to a buyer based upon the method such buyer uses to pay for such gasoline. Any provision in such agreement or contract prohibiting such distributor or retailer from offering such discount is void and without effect because such provision is contrary to public policy.
(5) No person shall condition acceptance of a charge card or credit card for a transaction on a requirement that the transaction be in a minimum amount unless such person discloses such requirement. Such person shall clearly and conspicuously post such notice on such person's premises if such person conducts transactions in-person, display such notice on the Internet web site or digital payment application before completing any online transaction or transaction processed by way of such digital payment application, and verbally provide such notice before completing any oral transaction, including, but not limited to, any telephonic transaction.
(6) No person may reduce the amount of any commission paid to an agent for such person in a transaction because a charge card or credit card was used to provide payment as part of such transaction.
(7) A violation of any provision of this section shall be deemed an unfair or deceptive trade practice. The Attorney General may, after notice and hearing, impose an additional civil penalty for any violation of this act. The amount of such additional civil penalty shall not exceed Five Hundred Dollars ($500.00) per violation.
(8) The Attorney General may adopt rules and regulations to implement the provisions of this act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.