Originally Posted by
cbn42
Is there any documented case of a merchant getting fined for this?
If not, I think it's just talk. Visa can yell louder and louder and make threats, but I don't think they are actually going to do anything tangible about it. It's not in their interest to damage their relationship with either merchants or acquirers.
I reported a couple merchants for inadequate notice for surcharging in 2023, and to be honest, I'm not looking to be a "
karen" against small businesses. The concept of a credit card surcharge grates me but some examples of where I didn't say anything:
- A local fried chicken shop that fully complied with surcharging regulations not only in the state of NY but cardholder networks - dual pricing. Menu said things like 4 piece chicken meal $10.00 cash, $10.30 credit - I can't begrudge this at all because it's intellectually honest.
- A local bakery that started accepting credit for the first time with surcharge circa 2018-2019. I'm so used to bringing cash there that I really can't begrudge it. Before that they had an ATM and it was cash or check.
- A local Mexican restaurant started surcharging 3% on credit, but it was disclosed at the door, on the menu, not applied to debit, disclosed before the check was presented, disclosed on the receipt for the check, and then shown as a nontaxable amount. (They later decided to stop surcharging likely because it's so offputting).
For merchants where I did: Visa was completely passive in 2021, but in 2023, took action. Examples of a couple of merchants who irked me:
- The menu of one merchant (already high priced) said that the menu prices reflected a cash discount of 2.5% which would be removed if I paid with a card. Debit can't be surcharged, nor is presenting a discount as included but removed intellectually honest.
- Another merchant only had the card surcharge appear on the receipt. Either that or the sign was not conspicuous in any way.
Both of the merchants that I felt were not forthcoming I complained to Visa in 2023 and both stopped surcharging within 4 weeks of the complaint.
Now is that proof that Visa fined anybody? No, it isn't. I can tell you I complained about merchants with substandard/absent pre-check disclosures on surcharging in 2021 and 2022 and Visa complaints did absolutely nothing. It could be anecdotal, but I take Visa's extremely strong posturing on the steps they will take as a sign that they're fed up. It may be compounded by New York law making effective surcharging as a dollar amount or percent illegal versus the network in my anecdotes.
I will say that I think the networks, per this settlement, are trying to be passive aggressive. Visa goes on active audit of merchants? Class action that you're setting policies to fine merchants. Set policies and wait for cardholder complaints as settling a dispute? Well hey we're an intermediary between cardholders and merchants... just trying to make sure everyone follows the rules...