Is it illegal to make customers pay credit card fees?

Asked by: Elias Batz  |  Last update: April 1, 2025
Score: 4.3/5 (7 votes)

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.

Is it legal to charge customers for credit card fees?

California Senate Bill 478, part of the Consumer Legal Remedies Act, bans all “junk fees” on purchases across California. This includes credit card surcharges in most situations. It's also worth noting that California's new laws extend beyond credit card surcharges.

In what states are credit card surcharges illegal?

Surcharging is widely accepted in the US except in Maine, Massachusetts, Connecticut, and Puerto Rico.

Is it legal to charge a 3% credit card fee in California?

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 ...

Is it illegal to refuse a credit card payment?

Some states do not allow a merchant to refuse cash, however a merchant may not be able to accept a credit card for various reasons including a technical issue, the card being declined, suspected fraud as in someone trying to use a stolen credit card or a legitimate credit card without permission by the cardholder.

How Credit Card Processing Works - Transaction Cycle & 2 Pricing Models

27 related questions found

Can credit card companies force you to pay?

Yes, a credit card company can sue you if you stop paying your bills. Typically, credit card companies will contact you several times before escalating the matter to legal action or charging off the debt to a debt collection agency.

How do I refuse to pay a credit card charge?

Write a letter to the credit card company explaining why you aren't going to pay. Describe the steps you took to resolve the problem with the merchant. (Alternatively, you might be able to dispute the charge online.) Mail to the correct address.

Can you pass debit card fees on to customers?

U.S. merchants cannot surcharge debit card or prepaid card purchases.

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.

What is the new hidden fee law in California?

On July 1, 2024, California banned hidden fees and deceptive “drip pricing” practices. The law applies to businesses selling or leasing goods and services for personal use in California, as well as resellers of goods and services like event tickets and online platforms.

How do I notify customers of credit card surcharges?

You may accomplish this by including the credit card surcharge on your invoice or displaying a sign at your office. If you're using an online payment solution, this notice should be automatically included on your payment page.

When did credit card surcharges become legal?

In 2013, however, several credit card companies dropped their contractual surcharge prohibitions, thus raising the importance of laws like § 518 as a target for merchants that wanted to impose credit card surcharges and how they could do so.

How to beat credit card surcharge?

To avoid a credit card surcharge, you can pay with alternative methods such as cash, debit cards, or mobile payment apps. Some businesses also offer discounts for non-credit card payments, providing an incentive to choose other payment options that help avoid credit card surcharge.

How much can I charge a customer for a credit card fee?

Credit card surcharges can't exceed the cost of accepting the card or 4 percent, whichever is the lower amount, even if it costs the business more than that amount to process your credit card payment.

What is the new surcharge law in California?

Highlights. Effective July 1, 2024, California Senate Bill 478 (SB 478) will ban hidden fees charged for goods and services. The law makes it illegal to advertise a low price for a product, only for that product to be subject to additional or mandatory fees later.

What is the 7 year rule on credit cards?

7-year credit rule and your credit score

Under the Fair Credit Reporting Act, in most cases, debts can only appear on your credit report for seven years. After that period is up, the debt can no longer be reported. Also, if you've had a delinquent account on your credit report, creditors can hold the debt against you.

What is the difference between a credit card surcharge and a convenience fee?

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.

What is the 524 credit card rule?

What is the 5/24 rule? Many card issuers have criteria for who can qualify for new accounts, but Chase is perhaps the most strict. Chase's 5/24 rule means that you can't be approved for most Chase cards if you've opened five or more personal credit cards (from any card issuer) within the past 24 months.

Is it illegal to charge customers credit card fees?

In 1985, California passed a law (Civil Code section 1748.1) that prohibited merchants from adding a surcharge (an extra fee) when customers pay by credit card instead of cash.

What is the Durbin Amendment?

A section of the Dodd-Frank Wall Street Reform and Consumer Protection Act known as the Durbin Amendment requires the Board to establish standards for assessing whether the amount of any interchange fee received by a debit card issuer is reasonable and proportional to the cost incurred by the issuer with respect to the ...

How to avoid credit card surcharges?

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.

How do I get out of paying my credit card fees?

How to get your credit card's annual fee waived
  1. Call your issuer. ...
  2. See if your issuer will waive the fee in exchange for card usage. ...
  3. Ask your issuer to match another offer. ...
  4. Ask to cancel. ...
  5. Use military benefits. ...
  6. Switch to a different card. ...
  7. Earn rewards to offset the fee. ...
  8. Apply for a card that doesn't charge a fee.

What is a credit card hardship program?

A credit card hardship program is a financial arrangement that allows those facing such situations to negotiate more manageable payments on outstanding credit card debt. The specifics of a hardship program depend on your credit card issuer and your financial position.

Can I decline a credit card charge?

You typically have 60 days from when a charge appears on your credit card statement to dispute it, but if there's fraud involved, there's no time limit. Some card issuers allow up to 120 days for disputes related to billing errors and issues with the quality of goods and services from a merchant.