In Louisiana, New Law Prohibits Surcharges on Debit Card Purchases; In Illinois, Crypto Firms Want New Tax Law Vetoed

BATON ROUGE, La. — Louisiana Gov. Jeff Landry has signed legislation prohibiting retailers from imposing surcharges on customers who pay with debit cards, a measure supporters say will protect consumers from additional fees at the point of sale.

The legislation, SB 254, was signed into law as Act 751 and takes effect Aug. 1, 2026.

The new law creates Chapter 52 of Title 51 of the Louisiana Revised Statutes and bars retail businesses from charging customers an additional fee for choosing to pay with a debit card instead of cash, checks, credit cards or other forms of payment.

Gov. Jeff Landry

How Surcharge is Defined

Under the law, a surcharge is defined as any additional amount imposed during a transaction that increases the cost to a cardholder for the privilege of using a debit card.

The measure establishes a process for consumers seeking legal remedies. Before filing a lawsuit, a cardholder must provide written notice to the retailer alleging a violation. If the business reimburses the customer and corrects the violation within 30 days of receiving the notice, no private right of action may be pursued.

Limits on Civil Lawsuits

Civil lawsuits are limited to willful violations, repeated violations or violations that are not corrected within the 30-day cure period.

The law also authorizes the Louisiana attorney general to bring civil enforcement actions against retailers that violate the statute. Courts may award attorney fees, court costs and investigative expenses in enforcement cases.

Retailers found in violation may face civil penalties of up to $500 per violation.

In addition, the law requires the attorney general to establish both a toll-free telephone number and an electronic reporting system through which consumers may report alleged violations.

The law is scheduled to take effect Aug. 1, 2026.

New Digital Tax in Illinois

Separately, in Illinois, a new tax has been enacted on digital asset transactions that cryptocurrency industry groups say is the first of its kind in the nation and could discourage innovation and investment in the state.

Gov. JB Pritzker signed legislation that includes the Digital Asset Privilege Tax Act, imposing a 0.2% tax on customers’ use of digital asset services, including exchange, transfer and custody activities, according to industry organizations opposing the measure.

The tax was included as a provision in Illinois’ broader budget bill and was added late in the legislative process, according to a report by CoinDesk. The new tax is scheduled to take effect Jan. 1.

Line-Item Veto Urged

The Crypto Council for Innovation urged Pritzker to issue a line-item veto of the provision in a June 16 letter. The organization argued that Illinois would become the only state to impose a transaction-based tax specifically on digital asset activities and noted that similar taxes are not levied on transactions involving stocks, bonds or derivatives.

In a LinkedIn post accompanying the letter, the Crypto Council for Innovation described the measure as “the most punitive digital asset tax in the country.”

“This will create an unprecedented tax regime that disproportionately burdens Illinois residents for simply using digital assets and will drive innovation and builders out of the state,” the organization said.

Who Law Applies To

According to CoinDesk, the law applies to firms based in Illinois or those providing digital asset services to Illinois residents if the firms generate at least $100,000 in gross receipts.

The cryptocurrency industry has mounted opposition to the measure, but prospects for changing the law in the near term appear limited. CoinDesk reported that the Illinois Legislature has adjourned for the remainder of the year, and it remains unclear whether Pritzker would consider a line-item veto during a fall veto session.

Opposition to the tax began before the bill was signed. The Illinois Blockchain Association and The Digital Chamber sent a June 3 letter opposing the proposal.

‘Punitive & Discriminatory’

In a LinkedIn post sharing that letter, the Illinois Blockchain Association called the Digital Asset Privilege Tax “a punitive, discriminatory measure rushed through in the dark of night that will drive businesses and jobs to competing states.”

Supporters of the broader budget legislation have not publicly addressed the industry’s concerns about the digital asset provision. The tax arrives as states and federal policymakers continue to debate how cryptocurrencies and other digital assets should be regulated and taxed as adoption of the technology expands.

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