Is it legal to charge a service charge on a debit card?

Asked by: Jorge Davis  |  Last update: March 7, 2025
Score: 5/5 (47 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.

Can you charge a service fee on a debit card?

Surcharge fees are strictly limited to credit card transactions only. Even if a client wishes to run a signature debit transaction, where a debit card is processed as a credit transaction, you are still not allowed to implement a surcharge.

What states is surcharging illegal in?

Q: Are there any states where credit card surcharging is prohibited? Yes, as of the latest updates, credit card surcharging is prohibited in Massachusetts, Connecticut, and Puerto Rico. Merchants must stay informed of changing laws to ensure compliance.

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 businesses charge a fee for paying with a debit card in NJ?

New Jersey law applies to credit cards only. No surcharge on debit cards.

Merchant Surcharge Fee - Can You Charge A Convenience Fee on Credit Card Purchases

17 related questions found

Can a business charge me for debit card charge?

No. The ability to surcharge only applies to credit card purchases, and only under certain conditions. U.S. merchants cannot surcharge debit card or prepaid card purchases.

Is it against the law to charge a debit card fee?

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.

What is the difference between a 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.

Is it legal to charge a credit card fee in NJ?

In 2023, Governor Murphy signed P.L. 2023, c. 146 (N.J.S.A. 56:8-156.1 and -156.2) into law, which, among other things, prohibits sellers from imposing a credit card surcharge that is greater than the actual cost to the seller to process the credit card payment.

Can my business add a surcharge for card paying customers?

There is no prohibition for credit card surcharges and no statute on discounts for different payment methods. Merchants can impose a surcharge as long as it doesn't exceed the cost of the merchant's processing fee. Merchants may offer discounts for payment by cash, check or other methods unrelated to credit cards.

What is the fine for surcharging?

Disclosing additional fees before a customer finalizes a transaction is NOT allowed. Businesses cannot advertise a price that is lower than a customer will actually pay (even if they're disclosing that additional fees will be added). Non-compliance can result in a $1,000 fine per violation.

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 a debit service charge?

When you open a checking or savings account with a bank, the bank charges a monthly maintenance fee. This fee is debited from the account at the end of the month. Banks also charge service charges for using the ATM of a competing bank, or when initiating a wire transfer.

What are the merchant fees for debit cards?

Merchant Service Charge (MSC): anywhere from 0.25%–3% depending on card type and card issuer. Interchange fees: 0.2% for debit cards and 0.3% for credit cards. Card-not-present transaction: varies, but will be more expensive than other transactions.

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 do I avoid debit card surcharges?

Use cash where you can

The easiest way to avoid card surcharges is to pay by cash.

What is meant by service fee?

A service charge, also called a service fee, refers to a fee collected to pay for services that relate to a product or service that is being purchased. In other words, a service charge is an additional charge for the service provided with the purchase of a product or service.

Is it legal to charge a fee for ACH?

Banks may not charge their customers fees for ACH payments, including online bill pay.

Can I report a charge on my debit card?

Q: What should I do if I have unauthorized charges on my debit card? A: Contact your bank immediately if you suspect unauthorized transactions on your debit card. If the transaction was made using a debit card or other electronic fund transfers, you may have additional protections under federal law.

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.

What is debit card markup fee?

Cross-currency mark-up charges on foreign currency transactions. 3.5%# + applicable taxes on foreign currency transaction carried out on Debit. Cards. The exchange rate used will be the VISA/MasterCard wholesale exchange. rate prevailing at the time of transaction/merchant settlement.

Can you charge a convenience fee on 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.

Is charging a surcharge legal?

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.

Can you deny a charge on a debit card?

The chargeback process lets you ask your bank to refund a payment on your debit card when a purchase has gone wrong. You should contact the seller first, as you cannot start a chargeback claim unless you have done this. Then, if you can't resolve the issue, get in touch with your bank.