Last edit by: rasheed
Some key factors of credit surcharging as it applies to the US market only.
-Disclosure and itemization is key. You can still report such issues if there is indeed lack of proper disclosure AND itemization. Itemization is going to be very unlikely unless the terminal is specifically setup to create that line item. Those merchants who just tell you and "add it to the card total" are not compliant. They may not care even with complaints made to Visa/MC/Discover/AmEx.
-Visa's complaint form: https://usa.visa.com/Forms/visa-rules.html Visa does review all complaints and asks the merchant/processor for a response, but you might never hear back from them on the outcome. Sometimes, you will see a minor change at the store. Visa also does covert operations to visit such merchants in certain situations.
-Mastercard's complaint email: [email protected]
-Discover and AmEx as "closed loop" systems require any complaints be done directly as a cardholder under their current merchant dispute options.
-The current surcharge limit in the US is 4%
-Visa's website on the topic: https://usa.visa.com/support/small-b...ions-fees.html
-Visa's diagram on the topic: https://usa.visa.com/dam/VCOM/global...rements-r5.pdf
-Mastercard's website on this topic: https://www.mastercard.us/en-us/merc...rge-rules.html
-Mastercard's document on this topic: https://www.mastercard.us/content/da...arge_Rules.pdf
-Elavon's guidance for merchants to get surcharge allowance: https://website.elavon.com/cbsettlement.html
-Visa and Mastercard allow product-level surcharges (such as only Signature or World/World Elite), but that seems really hard to communicate and implement, so brand-level (all Visa/Mastercard/etc.) is the only kind I have seen so far.
-AmEx does not require fee itemization.
California NO LONGER feels it can go against merchants who add surcharges (even beyond the initial "industries" that were allowed in the court ruling):
Same also applies in Florida and Texas.
WorldPay presentation: https://nacm.org/pdfs/webinars/Credi...Fees-82218.pdf
Surging credit surcharges in the US (2019 - 2023)?
#136
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California's anti-surcharge law, IIRC, was similar to the one from New York (?) that was struck down by SCOTUS. Hence why that stopped being enforced as soon as that happened.
BTW, it looks like Canadian merchants are going to get the right to surcharge too: https://www.cbc.ca/news/business/cre...fees-1.6470952. It sounds like there was a similar interchange fee lawsuit up there as the one that happened here a decade ago that triggered the change.
BTW, it looks like Canadian merchants are going to get the right to surcharge too: https://www.cbc.ca/news/business/cre...fees-1.6470952. It sounds like there was a similar interchange fee lawsuit up there as the one that happened here a decade ago that triggered the change.
as for Canada, forget the details exactly, but there was a lawsuit many years ago on acceptance of ‘premium’ cards, which got higher swipe fees. Some merchants, particularly small businesses had signs saying they would not accept the equivalent of todays Visa ‘Infinite’ cards because they didn’t want to pay the higher fees. CC companies sued, forcing merchants to either take all a brands cards if they wanted to take any. I think merchants got the right to charge fees though for taking them, and I think they asked, but don’t remember if they got the ability to, charge higher fees based on whether it was a ‘regular’ or ‘premium’ card.
#137
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interestingly enough, was in SF over the weekend and was at a cafe where they were surcharging both credit and debit cards. My understanding was they weren’t allowed to surcharge debit cards. I think they were manually putting it in, because the Cc terminal showed the price with the surcharge, and I when I realized I had enough cash, and she saw me paying, she typed something else into the non-cc device and gave me the lower cost. As a point of comparison, at a locally owned ME grocery store near home, they surcharge cards, the terminal shows the amount of charge, then asks you to consent to the $X card fee. If you decline, it won’t let the transaction proceed and you can pay the cashier in cash.
as for Canada, forget the details exactly, but there was a lawsuit many years ago on acceptance of ‘premium’ cards, which got higher swipe fees. Some merchants, particularly small businesses had signs saying they would not accept the equivalent of todays Visa ‘Infinite’ cards because they didn’t want to pay the higher fees. CC companies sued, forcing merchants to either take all a brands cards if they wanted to take any. I think merchants got the right to charge fees though for taking them, and I think they asked, but don’t remember if they got the ability to, charge higher fees based on whether it was a ‘regular’ or ‘premium’ card.
as for Canada, forget the details exactly, but there was a lawsuit many years ago on acceptance of ‘premium’ cards, which got higher swipe fees. Some merchants, particularly small businesses had signs saying they would not accept the equivalent of todays Visa ‘Infinite’ cards because they didn’t want to pay the higher fees. CC companies sued, forcing merchants to either take all a brands cards if they wanted to take any. I think merchants got the right to charge fees though for taking them, and I think they asked, but don’t remember if they got the ability to, charge higher fees based on whether it was a ‘regular’ or ‘premium’ card.
Maybe if mandatory debit routing (e.g. like Interac in Canada) were a thing, places would actually surcharge only credit cards like they're supposed to.
#138
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There used to be one of the restaurants at Great Mall that had a sign stating that there were different surcharges for debit, standard credit cards, rewards credit cards, and premium credit cards. I never ate there while it was open, and I don't know how they would distinguish among the card types.
#139
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The merchant software is supposed to figure out the fee from the BIN automatically and line item on the receipt. Elavon is one that advertised as such.
Remember, the surcharge must be listed as a line item or it should be reported to the network. Merchants have to follow the rules if they want to do this nonsense.
Remember, the surcharge must be listed as a line item or it should be reported to the network. Merchants have to follow the rules if they want to do this nonsense.
#140
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There used to be one of the restaurants at Great Mall that had a sign stating that there were different surcharges for debit, standard credit cards, rewards credit cards, and premium credit cards. I never ate there while it was open, and I don't know how they would distinguish among the card types.
#141
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There used to be one of the restaurants at Great Mall that had a sign stating that there were different surcharges for debit, standard credit cards, rewards credit cards, and premium credit cards. I never ate there while it was open, and I don't know how they would distinguish among the card types.
They probably just looked at the card and made an assumption.
I again emphasize that this business went out of business...
#142
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Thousands of restaurants go out of business every year, most of which don't have any sort of card surcharges. I don't think you can attribute the failure to any particular factor.
#143
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I was just glancing at some of the latest interchange fee schedules. Now, the merchant processor typically adds some fees on-top, but some of the categories I found of interest...
https://usa.visa.com/content/dam/VCO...ement-fees.pdf
https://www.mastercard.us/content/da...apr22-2022.pdf
Fuel: All MC/Visa credit card types, No more than $.90 to $1.10 max per credit transaction. It makes the argument that gas stations with split pricing for cards versus cash are profiting on the price difference in many cases. I am unsure if that is allowed.
A number of transaction types including taxi/rideshare and restaurants no longer have a per transaction charge to support no need for minimum charge.
If you use use credit with charities, Visa is better than Mastercard. Mastercard is trying to encourage utilities to take card and put a small flat fee lower than processing a check or other payment methods. That means the over on the rebates/points is coming from the issuer. We still don't see many utilities taking credit.
Gaming is also getting a very low rate, but I suspect many issuers will flag it as cash advance that are not rebate eligible.
It is a reminder than business folks should try to not take a flat rate for cards, but should try to get the rate per network plus whatever plus on top for their acquirer/merchant processor.
https://usa.visa.com/content/dam/VCO...ement-fees.pdf
https://www.mastercard.us/content/da...apr22-2022.pdf
Fuel: All MC/Visa credit card types, No more than $.90 to $1.10 max per credit transaction. It makes the argument that gas stations with split pricing for cards versus cash are profiting on the price difference in many cases. I am unsure if that is allowed.
A number of transaction types including taxi/rideshare and restaurants no longer have a per transaction charge to support no need for minimum charge.
If you use use credit with charities, Visa is better than Mastercard. Mastercard is trying to encourage utilities to take card and put a small flat fee lower than processing a check or other payment methods. That means the over on the rebates/points is coming from the issuer. We still don't see many utilities taking credit.
Gaming is also getting a very low rate, but I suspect many issuers will flag it as cash advance that are not rebate eligible.
It is a reminder than business folks should try to not take a flat rate for cards, but should try to get the rate per network plus whatever plus on top for their acquirer/merchant processor.
#144
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This can be complicated by the fact some processors also provide the POS system (e.g. Square). Though at least in Square's case, you can negotiate fees if you have enough volume.
#145
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While this isn't strictly surcharging in the US, it has implications for US credit card holders. This was at Sunflower Taiwanese Gourmet in Sydney. I don't know how they can tell between cards, and this likely goes against the card acceptance agreement. My sister-in-law paid with her local card, so I didn't get an opportunity to test this:
#146
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While this isn't strictly surcharging in the US, it has implications for US credit card holders. This was at Sunflower Taiwanese Gourmet in Sydney. I don't know how they can tell between cards, and this likely goes against the card acceptance agreement. My sister-in-law paid with her local card, so I didn't get an opportunity to test this:
#147
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How this 'surcharge' will be applied if one pays with Apple Pay?
#148
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I saw another establishment where V/MC were 1%, Amex was 1.5%, and UnionPay was 2%. I thought UnionPay typically had lower fees.
#149
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Australia is another special for surcharges. All hotels there pretty much surcharges if you use a card, even cobranded. I took cash from ATM to pay my bill. If the surcharge is done by the merchant by looking at the card, you are right that there may be ways to skirt it with mobile tap to pay.
I've had similar international card discrimination for extra surcharges in Canada (Niagara Falls). I do believe many merchant agreements do charge more for overseas cards. So, as long as surcharging is allowed, then...
On UP, if it is ran over Discover, it would be at the Discover rate which can be higher except for larger merchants. If a merchant is paying the same rate for all cards, they are likely overpaying for some transactions.
I've had similar international card discrimination for extra surcharges in Canada (Niagara Falls). I do believe many merchant agreements do charge more for overseas cards. So, as long as surcharging is allowed, then...
On UP, if it is ran over Discover, it would be at the Discover rate which can be higher except for larger merchants. If a merchant is paying the same rate for all cards, they are likely overpaying for some transactions.
#150
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Australia is another special for surcharges. All hotels there pretty much surcharges if you use a card, even cobranded. I took cash from ATM to pay my bill. If the surcharge is done by the merchant by looking at the card, you are right that there may be ways to skirt it with mobile tap to pay.
I've had similar international card discrimination for extra surcharges in Canada (Niagara Falls). I do believe many merchant agreements do charge more for overseas cards. So, as long as surcharging is allowed, then...
On UP, if it is ran over Discover, it would be at the Discover rate which can be higher except for larger merchants. If a merchant is paying the same rate for all cards, they are likely overpaying for some transactions.
I've had similar international card discrimination for extra surcharges in Canada (Niagara Falls). I do believe many merchant agreements do charge more for overseas cards. So, as long as surcharging is allowed, then...
On UP, if it is ran over Discover, it would be at the Discover rate which can be higher except for larger merchants. If a merchant is paying the same rate for all cards, they are likely overpaying for some transactions.
I didn't think Discover was accepted here (outside of some larger merchants), so CUP might be using its own or a different network.