If you're wondering if it is legal to charge credit card fees, the short answer is yes in most states. The practice of surcharging was largely outlawed for several decades until 2013 when a class action lawsuit permitted merchants in several U.S. states to implement surcharges in their businesses.
Seeing retailers offer discounts for cash payments — or assess fees when customers pay by credit card — is becoming more common than ever. In most U.S. states, adding convenience fees to credit card transactions is legal, but there are still rules businesses must follow when doing so.
You aren't allowed to pass on debit card fees to customers, so you'll have to cover the cost yourself.
Businesses are not permitted to impose surcharges for paying by debit card, credit card or electronic payment services.
Merchants can't impose surcharges on debit cards or prepaid debit transactions per Visa and Mastercard. If merchants add a surcharge, they must decide to add it at the brand or product level — but not both.
10 states still have laws on the books that say convenience and surcharge fees aren't permissible, but recent court rulings have invalidated some of these laws. To date, only two states and one jurisdiction still outlaw the use of credit card surcharges: Connecticut, Massachusetts, and Puerto Rico.
A surcharge means: An additional amount of money charged over a tax, charge, or cost, that may arise because it was initially omitted or as a penalty for late payment. For example, paying a bill late may cause a surcharge for the client over the due amount.
Chances are that you would give in to the merchant's demand for a 2% fee for using your card. The best option for you in such a situation would be to tell the merchant that you are aware of RBI's regulations and can make a complaint with the bank to get the merchant blacklisted.
Can a merchant charge my card months later? It depends, A merchant typically has no more than 30 days in which to present a transaction to the bank for processing. However, this time limit may be extended in some circumstances; for instance, if the final transaction amount is not known at the time of the transaction.
How to Charge Square Customer Processing Fee – Pay Per Use. Another way to charge your customers a fee is by applying a per-use fee. At this point, you charge them a fee every time they purchase with your business.
Assessment fees mostly range from 0.11% to 0.13% of each debit transaction. Processor's markup fees can range from 0.75% to 0.9% of each transaction, plus $0.13 to $0.22. Some of these companies might charge businesses annual fees along with their other fees on every transaction.
More small businesses have begun charging a 3.5% fee to cover swipe fees used by card networks. During the COVID-19 pandemic, card purchases increased significantly. Cash transactions became rare because of a sudden coin shortage and the fact that consumers were actively trying to avoid handling physical bills.
A surcharge is not a convenience fee. A convenience fee is levied by a merchant for offering customers the privilege of paying with an alternative non-standard payment method. Merchants can process convenience fees in all 50 states. A surcharge is levied by a merchant for customer purchases made with a credit card.
To calculate a 3% processing fee, multiply the total transaction amount by 0.03. For example, if the transaction amount is $100, the processing fee would be $3 (100 x 0.03 = 3).
You can refuse to pay the extra charge and insist on paying the actual amount. Inform the merchant that charging 2% is against RBI rules and they can be penalized. Report the merchant to your bank or card network, providing transaction details and receipts. The bank or card network will investigate and take action.
It would require the largest credit-card issuing financial institutions in the country—those with assets over $100 billion–to enable at least two credit card networks to be used on their credit cards instead of just one, and at least one of those networks must be a network other than the Visa/Mastercard duopoly.
Convenience fees are normally a flat fee or a small percentage of the total payment, but they can add up to a substantial sum if the payments are large or recurring. You may be able to avoid convenience fees by paying with cash or another form of payment.
Two Rules That Prohibit Debit Card Surcharges
The other restriction is because surcharging on debit card purchases is illegal under federal law. This law was part of the larger package of financial reform regulations called the Durbin Amendment, which was passed in the wake of the Great Recession.
Section 1748.1 - Surcharge for use of credit card in lieu of payment by cash or check; discounts for payment by cash or check (a) No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar ...
(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card.
First of all, a business can't charge your card without your permission. It would need to get your authorization first. This holds true whether you're paying with your smartphone or for any other online card-not-present transaction.
Square charges 2.6% plus 10 cents for most in-person transactions. However, if the card must be entered manually, it charges 3.5% plus 15 cents per transaction. Square also charges 2.9% plus 30 cents for online purchases.
A pay-to-pay fee – also known as a convenience fee – is a fee charged by a company when you make a payment through a particular channel. For example, companies sometimes allow you to make a payment in person or by mail for free but charge you a fee for the convenience of taking your payment over the phone or online.