
There are surcharges and minimum purchases everywhere you use your credit card these days, at your favorite lunch stop, the gas station, even larger retailers. It seems to be an uprising trend among merchants, if you want to use your credit card, you need to pay more. You may be have been thinking the same thing I was thinking when you see an outrageous price for using your credit card: Isn’t this illegal? The answer is yes and I am sick of it.
There is, however, a very fine line. If the merchant clearly states that there is a cash price discount, they are able to charge two different prices. However, if the price you see is clearly stated in plain view and they say something along the lines of, “that will be an extra $3 for credit cards,” that is crossing the line. The Federal Truth in Lending Act states: 167, (2) “No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means.”
So lets say you get a double whammy, they want to charge you to use a credit card and you finally agree. Reluctantly, you hand over your credit card for your sandwich and cup of coffee when a bubble gum chewing teenager points to a sign that says, “$10 minimum charge.” Now your really pissed, because you don’t have any cash with you. Trust me, I always am too.
Funny thing is, if your paying with a Visa, Mastercard, or Discover their merchant agreements clearly state that a minimum charge is a violation . So is a surcharge. In fact, if you call in to dispute the charge it will immediately be removed. If they find out that the merchant you went to was imposing a minimum charge they will flag their account and with enough complaints that merchant would not longer be able to accept that brand of card.
This article may be a slight departure from innovation but I do feel like it is a trend that has been increasingly common amongst businesses and wanted to bring the facts to light. Sure it may be a minor annoyance in the long run but at least now you know it’s one you don’t need to tolerate.
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References
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Visa “Rules for Visa Merchants”
Dollar Minimums and Maximums – Always honor valid Visa cards, in your acceptance category, regardless of the dollar amount of the purchase. Imposing minimum or maximum purchase amounts is a violation.
No Surcharging – Always treat Visa transactions like any other transaction; that is, you may not impose any surcharges on a Visa transaction. You may, however, offer a discount for cash transactions, provided that the offer is clearly disclosed to customers and the cash price is presented as a discount from the standard price charged for all other forms of payment.
Mastercard “Merchant Rules Manual“
9.12.2 Charges to Cardholders
A merchant must not directly or indirectly require any MasterCard cardholder to pay a surcharge or any part of any merchant discount or any contemporaneous finance charge in connection with a MasterCard card transaction. A merchant may provide a discount to its customers for cash payments. A merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the life) if the fee is imposed on all like transactions regardless of the form of payment used.
- A surcharge is any fee charge in connection with a MasterCard transaction that is not charged if another payment method is used.
- The merchant discount fee is the fee the merchant pays to its acquirer to acquire transactions.
9.12.3 Minimum/Maximum Transaction Amount Prohibited
A merchant must not require, or post signs indicating that it requires, a minimum or maximum transaction amount to accept a valid MasterCard card.
Discover “Merchant Operating Regulations“
3.1 Surcharges
Unless otherwise agreed upon by us in writing, you may not impose any surcharge, levy or fee of any kind for any transaction where a Cardmember desires to use a Card for any purchase of goods and services.
3.6 Minimum/Maximum Dollar Limits and Other Limits
You may not require that any Cardmember make a minimum dollar purchase in order to use a Card and, other than when we have not authorized a Cardmember’s transaction, you may not limit the maximum amount that a Cardmember may spend when using a Card.
California Civil Code Section 1748.1
Federal Truth in Lending Act
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