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)?
#182
Join Date: Mar 2011
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Payment processors who will "set merchants up with no fee card acceptance" (code for set the merchant up to surcharge the customer) are out in force going after small businesses.
The only solution is to communicate to the small business owner why you do not like this policy and why you will be taking your business elsewhere, purchasing less than you did before, find their policy inconvenient and suggest it should be inconvenient for them and riskier for them to encourage cash too.
The only solution is to communicate to the small business owner why you do not like this policy and why you will be taking your business elsewhere, purchasing less than you did before, find their policy inconvenient and suggest it should be inconvenient for them and riskier for them to encourage cash too.
#183
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It seems that Senator Durbin's credit card competition bill did get introduced (though whether it'll be considered this term is questionable). It seems that the second network can't be Visa or MC and can't be affiliated with the issuer (so something like ChaseNet wouldn't be acceptable either if I'm interpreting the bill correctly):
There are also provisions that ensure that Visa and MC can't, for instance, block some other network from supporting device verification (e.g. if you use Apple Pay). However, given that even contactless doesn't tend to use any verification these days, I'm not sure those provisions would have much impact.
“(i) IN GENERAL.—Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2022, the Board shall prescribe regulations providing that a covered card issuer or payment card network shall not directly or through any agent, processor, or licensed member of a payment card network, by contract, requirement, condition, penalty, technological specification, or otherwise, restrict the number of payment card networks on which an electronic credit transaction may be processed to—
“(I) 1 such network;
“(II) 2 or more such networks which are owned, controlled, or otherwise operated by—
“(aa) affiliated persons; or
“(bb) networks affiliated with such issuer; or
“(III) subject to clause (ii), the 2 such networks that hold the 2 largest market shares with respect to the number of credit cards issued in the United States by licensed members of such networks (and enabled to be processed through such networks), as determined by the Board on the date on which the Board prescribes the regulations.
“(I) 1 such network;
“(II) 2 or more such networks which are owned, controlled, or otherwise operated by—
“(aa) affiliated persons; or
“(bb) networks affiliated with such issuer; or
“(III) subject to clause (ii), the 2 such networks that hold the 2 largest market shares with respect to the number of credit cards issued in the United States by licensed members of such networks (and enabled to be processed through such networks), as determined by the Board on the date on which the Board prescribes the regulations.
#184
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It seems that Senator Durbin's credit card competition bill did get introduced (though whether it'll be considered this term is questionable). It seems that the second network can't be Visa or MC and can't be affiliated with the issuer (so something like ChaseNet wouldn't be acceptable either if I'm interpreting the bill correctly):
There are also provisions that ensure that Visa and MC can't, for instance, block some other network from supporting device verification (e.g. if you use Apple Pay). However, given that even contactless doesn't tend to use any verification these days, I'm not sure those provisions would have much impact.
There are also provisions that ensure that Visa and MC can't, for instance, block some other network from supporting device verification (e.g. if you use Apple Pay). However, given that even contactless doesn't tend to use any verification these days, I'm not sure those provisions would have much impact.
Perhaps the debit networks could be used for this purpose? But they have different fee structures and different consumer protections.
#185
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As for consumer protections, I envision a lot of customer complaints when people find out Walmart (for example) routed their CC transaction over NYCE or something without their approval and thus have no chargeback rights. Or that the trip delay protection they thought their card had doesn't apply when WN or Spirit decides to route their payment not over the MC network.
#186
Join Date: May 2009
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Question about merchant fees
My auto mechanic has started charging more for CC payments - understandable, his right to do so. But my question is if he is right about what he told me...I'm calling BS but not to his face since he is a great mechanic.
He is charging 3.5% whether you use an Amex, Visa or anything else. I did say "even on Visa and MC which usually are less?" - he said "oh yes, so many people have cards that pay rewards and the cc companies charge us merchants more for those cards than cards that don't offer rewards" - Huh? Can that be true? I looked on line and it said V/MC are in the 1.5%-2.5% range, Amex higher.
I still think 3.5% is high to charge across the board, but maybe I'm wrong? In any case, I wrote a check...
He is charging 3.5% whether you use an Amex, Visa or anything else. I did say "even on Visa and MC which usually are less?" - he said "oh yes, so many people have cards that pay rewards and the cc companies charge us merchants more for those cards than cards that don't offer rewards" - Huh? Can that be true? I looked on line and it said V/MC are in the 1.5%-2.5% range, Amex higher.
I still think 3.5% is high to charge across the board, but maybe I'm wrong? In any case, I wrote a check...
#187
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This is a really complicated area, but in short, this depends on the processor. If your mechanic is using something like Square, he's likely getting charged a flat rate for all credit cards (and maybe even all cards, debit or credit). If he's got an 'interchange plus' account with a processor, then yes, he's paying a different rate depending on the type of card, whether he swipes it or uses the chip or keys it in, etc.
So you'd have to make a guess about how sophisticated he is financially and then try to figure this all out.
My guess is that he's on a 'tiered' plan like Square and it's all smoothed over and he sees some blended rate like 2.9%, and the processor tells him to just charge 3.5% and that's all there is to it.
So you'd have to make a guess about how sophisticated he is financially and then try to figure this all out.
My guess is that he's on a 'tiered' plan like Square and it's all smoothed over and he sees some blended rate like 2.9%, and the processor tells him to just charge 3.5% and that's all there is to it.
#188
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He's a very small, local one of a kind shop - I think he has maybe 6 or so employees, 4 mechanics and 2 alternating part time office people. Not a chain or even a local multi-unit chain.
It was more what he said about he gets charged more for people using cards that provide rewards (which to me is there any other kind??) and those that don't (even my no-fee Amex gives me Hilton points).
I'm not even sure about swipe/chip - no terminal for me to use - I hand over my card (or I used to) and just got a receipt.
It was more what he said about he gets charged more for people using cards that provide rewards (which to me is there any other kind??) and those that don't (even my no-fee Amex gives me Hilton points).
I'm not even sure about swipe/chip - no terminal for me to use - I hand over my card (or I used to) and just got a receipt.
#189
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Sure - there are straight up bank credit cards that have no points program attached to them at all. There are also secured cards and plenty of debit cards. It pains me when I see people using them, but on the flip side, they're all subsidizing our rewards.
#190
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He is not allowed to charge more than what he pays, that is the Visa/MC policy. 3.5 is not unusual. By the way, you could pay with debit or check and avoid the fee if he is following the rules.
Could he get a better deal? Perhaps. Does he care much? Unsure, looks like he feels he won't lose business over the fee issue.
Could he get a better deal? Perhaps. Does he care much? Unsure, looks like he feels he won't lose business over the fee issue.
#191
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He is not allowed to charge more than what he pays, that is the Visa/MC policy. 3.5 is not unusual. By the way, you could pay with debit or check and avoid the fee if he is following the rules.
Could he get a better deal? Perhaps. Does he care much? Unsure, looks like he feels he won't lose business over the fee issue.
Could he get a better deal? Perhaps. Does he care much? Unsure, looks like he feels he won't lose business over the fee issue.
#192
Join Date: Mar 2011
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The Visa Rules clearly read the surcharge cannot be more than the merchant's rate of acceptance.
If you try to report a merchant violation to Visa for a surcharge they will not take the violation unless the surcharge is greater than 4% for a US merchant.
How do I prove the merchant surcharge amount is more than their rate of acceptance? No way to prove that. So reporting merchants for surcharging I find to basically be a dead end. I just don't go to such merchants.
I think what is happening is these merchants who are now surcharging have made arrangements with their card processor for "fee free" card acceptance. Their card processor jacks up the processing rate to 3.5% and the merchant doesn't care since it is all being passed on to the customer now. Yet there are other processors out there who will process cards at just 2%.
I'd tell the auto mechanic to go shop card processors because the rate of the one he is using is, frankly, too high. Even if he wants to pass the fee on to the customers, there is a difference between passing 2% on to the customer vs. passing 3.5% on to the customer.
If you try to report a merchant violation to Visa for a surcharge they will not take the violation unless the surcharge is greater than 4% for a US merchant.
How do I prove the merchant surcharge amount is more than their rate of acceptance? No way to prove that. So reporting merchants for surcharging I find to basically be a dead end. I just don't go to such merchants.
I think what is happening is these merchants who are now surcharging have made arrangements with their card processor for "fee free" card acceptance. Their card processor jacks up the processing rate to 3.5% and the merchant doesn't care since it is all being passed on to the customer now. Yet there are other processors out there who will process cards at just 2%.
I'd tell the auto mechanic to go shop card processors because the rate of the one he is using is, frankly, too high. Even if he wants to pass the fee on to the customers, there is a difference between passing 2% on to the customer vs. passing 3.5% on to the customer.
#193
Join Date: Apr 2005
Location: ATL
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I have read in the past that cards with rewards do cost more to process. Cannot remember the source, but it was about 3 years ago. The response from American Express on this issue was that folks with a higher tier card were likley to spend more as that group was generally in a higher income bracket.
#194
Join Date: May 2009
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He almost went under during Covid because no one was driving/therefore not needing maintenance so I'm glad he's still around. I'll just continue to pay by check. But thanks to many of these responses I can see where he's coming from. And unfortunately he's not alone, around here many, many local businesses have the 2-price system.
#195
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