Is it illegal to charge a debit card fee?

Asked by: Mr. Dante Gottlieb III  |  Last update: April 25, 2025
Score: 4.9/5 (25 votes)

No, surcharging for debit card transactions is prohibited under the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This applies to all types of debit cards, including prepaid cards.

In what states is a debit card surcharge illegal?

What laws exist that may relate to surcharging? Currently, 10 U.S. states have surcharging restrictions including California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Please consult with legal counsel to determine whether your practices comply with relevant state law.

Can you pass debit card fees on to customers?

You aren't allowed to pass on debit card fees to customers, so you'll have to cover the cost yourself.

Are merchants allowed to charge a debit card fee?

Is Debit Card Surcharging Legal? For debit cards and prepaid cards, surcharging is prohibited—even when the card is run as a signature-based transaction without the PIN. This restriction was implemented by the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Can companies still charge a debit card?

Businesses cannot impose any surcharge for using the following methods of payment: consumer credit cards, debit cards or charge cards. similar payment methods that are not card-based (for example, mobile phone-based payment methods)

How to Dispute Debit Card Charges and Get Your Money Back with Provisional Credit

42 related questions found

Is it illegal to charge a fee for a debit card?

No, surcharging for debit card transactions is prohibited under the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This applies to all types of debit cards, including prepaid cards.

How do I report a debit card surcharge?

To report merchants charging excessive payment card surcharges, or surcharging debit and prepaid card transactions, consumers may visit www.visa.com or www.mastercard.com to fill out a Merchant Violation Form. Can cardholders be surcharged on both credit and debit card transactions? No.

Is charging a card fee legal?

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.

How much can a business charge for using a debit card?

While large banks that issue debit cards are not allowed to charge more than . 05% + $. 21, credit card rates can range up to over 3.5% per transaction.

How to avoid convenience fees?

Use a different payment method.

Merchants often charge convenience fees or surcharges when credit cards aren't a standard payment method. If you have a rent, utility or tax bill, consider paying by check or electronic transfer instead.

What is the regulation for debit card fees?

The Board's Regulation II provides that an issuer subject to the interchange fee standard (a covered issuer) may not receive, for any electronic debit transaction, an interchange fee that exceeds $0.21 plus 0.05 percent multiplied by the value of the transaction, plus a $0.01 fraud-prevention adjustment, if eligible.

How to avoid card surcharge?

Use cash where you can

The easiest way to avoid card surcharges is to pay by cash. While businesses can charge a surcharge for paying by debit or credit cards, they can't charge a surcharge for paying by cash. BCU Bank customers have fee-free access to hundreds of ATMs across Australia through the atmx network.

How to report merchant Visa violation?

We recommend that you notify your Visa card issuer using the customer support number appearing on your Visa statement or the back of your Visa card. Your Visa card issuer has access to the appropriate Visa rules and regulations, as well as the Notification of Customer Complaint forms to file complaints.

Can I charge a convenience fee for debit cards?

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.

What is the federal law on debit cards?

Under federal law, you have protections that help limit what you have to pay if your credit, ATM, or debit cards are lost or stolen. If someone uses your ATM or debit card before you report it lost or stolen, what you owe depends on how quickly you report it.

What are the new credit card laws for 2024?

Consumer Financial Protection Bureau Releases Final Rule on Credit Card Late Fees, with Overdraft Fees on Deck. On March 5, 2024, the Consumer Financial Protection Bureau (Bureau) announced the final rule governing late fees for consumer credit card payments, likely cutting the average fee from $32 to just $8.

Do retailers pay a fee for debit cards?

Yes. Debit card processing fees involve interchange fees, which vary by card and bank, and payment processing fees, which vary by provider.

Why am I being charged to use my debit card?

There may be fees for using your debit card. Examples: Some banks charge a fee if you enter a PIN (Personal Identification Number) to conduct a transaction instead of signing your name. You may trigger a fee if you overdraw your account using your debit card, just as you would if you "bounced" a check.

Do debit cards have a surcharge?

Card surcharges are a small fee – typically somewhere between 0.5 and 1.5 per cent – added to a purchase paid for using credit or debit. They exist because it isn't free for businesses to accept payments using those methods. Vendors are charged merchant fees for accepting electronic transactions.

What states do not allow surcharge?

Surcharging is widely accepted in the US except in Maine, Massachusetts, Connecticut, and Puerto Rico. Illinois, Colorado, Georgia, Kansas, Texas, Nevada, New York, South Dakota, New Jersey, Minnesota, California, Florida, Oklahoma, Michigan, and Montana allow surcharging with certain contingencies.

Can I be charged for using a debit card?

Businesses cannot impose any surcharge for using the following methods of payment: consumer credit cards, debit cards or charge cards. similar payment methods that are not card-based (for example, mobile phone-based payment methods) electronic payment services (for example, PayPal)

Can I sue a company for charging my card without permission?

Some laws require this consent to have first been obtained expressly in writing. If it is not obtained prior to the withdrawals/charges, you might be entitled not only to the return of the illegally withdrawn or charged amounts but also to statutory damages and for your attorney's fees and costs to be paid.

Can you fight a debit card charge?

How Do You File a Debit Card Chargeback? First, the customer must attempt to resolve the issue with the merchant directly if they haven't already. If the merchant doesn't respond to the customer's attempts to communicate or won't resolve the issue, they can call their bank to dispute the charge.

What happens if you don't pay a surcharge?

The court issues a judgment, which allows the state to collect unpaid surcharges through involuntary means. The judgment amount (surcharge debt) must be paid before personal property can be transferred or sold. Judgments include a collection cost and interest charges calculated on the judgment balance.

Can I block a business from charging my debit card?

You have the right to stop a company from taking automatic payments from your account, even if you previously allowed them. For example, you might decide to cancel a membership or monthly service, or you might want to switch to a different payment method.