5 ms·

Nope, this is completely (laws vary by state) legal as of ten years ago. https://www.lawpay.com/about/blog/credit-card-surcharge-rules/# https://www.lawpay.com

Nope, this is completely (laws vary by state) legal as of ten years ago. https://www.lawpay.com/about/blog/credit-card-surcharge-rules/# https://www.lawpay.com/about/blog/credit-card-surcharge-rule...

deleted 3y ago
[deleted]
withinboredom 3y ago
Legal, yes, you're not going to go to jail for it. However, in accordance with the contract they signed to get access to the card network… they probably are not allowed to do this. Each card issuer has a dedicated form to report this activity.
- arcticbull 3y ago
  Parent provided you a link explaining how this changed 10 years ago. You are unequivocally allowed in the United States to pass along credit card surcharges in all but two states. It's permitted by law, and it's permitted by merchant agreements! If you don't believe parent, and you don't believe me, I hope you believe Visa's own FAQ. > Q. Can I add a surcharge to card transactions? > As a result of a legal settlement to resolve claims brought by a group of U.S. merchants, merchants in the U.S. and U.S. territories may add a surcharge to certain credit card transactions, starting January 27, 2013. Merchants who choose to surcharge must follow consumer disclosure and other requirements agreed to as part of the settlement. [1] https://usa.visa.com/dam/VCOM/download/merchants/surcharging-faq-by-merchants.pdf https://usa.visa.com/dam/VCOM/download/merchants/surcharging...
  - withinboredom 3y ago
    Hmm, I think we are talking past each other. It isn't allowed without notice to MC/Visa, the cap is ~4% of the total, IIRC (which is usually far less than what I remember seeing when I last reported it a few years ago), and they require advance notice to the customer (before consumption) along with a line-item on the receipt. Just because it is legal, doesn't mean they are doing it right -- and in my limited experience, they usually aren't.
    - bombcar 3y ago
      They’re doing all of the above correctly, it’s placarded, and it’s obvious that since it’s all done similarly that there’s groups detailing how to do it.
- refurb 3y ago
  You realize that contracts can't contain illegal clauses right? They aren't enforceable in any court.
  - withinboredom 3y ago
    I thought we already established that it wasn't illegal? You can, however, create contracts that restrict your abilities or for things that are perfectly legal. For example, we can sign a contract that you're no longer aloud to walk, or buy candy. That's a legally enforcable contract. In this case the contract is that 1) you tell them you're doing this and 2) that it is capped to a certain amount and 3) you are visibly doing it and the customer is properly informed. These are all pretty reasonable contractual terms, IMHO.
    - refurb 3y ago
      For example, we can sign a contract that you're no longer aloud to walk No, I can't. If you have me sign a contract that says "refurb agrees to no longer walk in exchange for $50,000", that will not be enforceable in court. https://blog.ipleaders.in/unenforceable-contracts-what-you-need-to-know https://blog.ipleaders.in/unenforceable-contracts-what-you-n... You said "If you want to have fun, you can report them to Visa/MC and watch that go away within a few days.", so no, if they are following the contract terms, it won't go away. And Visa isn't able to include a blanket ban on surcharges due to changes in the law that would make such a contract illegal and unenforceable.

deleted 3y ago

[deleted]

withinboredom 3y ago

Legal, yes, you're not going to go to jail for it. However, in accordance with the contract they signed to get access to the card network… they probably are not allowed to do this. Each card issuer has a dedicated form to report this activity.

arcticbull 3y ago
Parent provided you a link explaining how this changed 10 years ago. You are unequivocally allowed in the United States to pass along credit card surcharges in all but two states. It's permitted by law, and it's permitted by merchant agreements! If you don't believe parent, and you don't believe me, I hope you believe Visa's own FAQ. > Q. Can I add a surcharge to card transactions? > As a result of a legal settlement to resolve claims brought by a group of U.S. merchants, merchants in the U.S. and U.S. territories may add a surcharge to certain credit card transactions, starting January 27, 2013. Merchants who choose to surcharge must follow consumer disclosure and other requirements agreed to as part of the settlement. [1] https://usa.visa.com/dam/VCOM/download/merchants/surcharging-faq-by-merchants.pdf https://usa.visa.com/dam/VCOM/download/merchants/surcharging...
- withinboredom 3y ago
  Hmm, I think we are talking past each other. It isn't allowed without notice to MC/Visa, the cap is ~4% of the total, IIRC (which is usually far less than what I remember seeing when I last reported it a few years ago), and they require advance notice to the customer (before consumption) along with a line-item on the receipt. Just because it is legal, doesn't mean they are doing it right -- and in my limited experience, they usually aren't.
  - bombcar 3y ago
    They’re doing all of the above correctly, it’s placarded, and it’s obvious that since it’s all done similarly that there’s groups detailing how to do it.
refurb 3y ago
You realize that contracts can't contain illegal clauses right? They aren't enforceable in any court.
- withinboredom 3y ago
  I thought we already established that it wasn't illegal? You can, however, create contracts that restrict your abilities or for things that are perfectly legal. For example, we can sign a contract that you're no longer aloud to walk, or buy candy. That's a legally enforcable contract. In this case the contract is that 1) you tell them you're doing this and 2) that it is capped to a certain amount and 3) you are visibly doing it and the customer is properly informed. These are all pretty reasonable contractual terms, IMHO.
  - refurb 3y ago
    For example, we can sign a contract that you're no longer aloud to walk No, I can't. If you have me sign a contract that says "refurb agrees to no longer walk in exchange for $50,000", that will not be enforceable in court. https://blog.ipleaders.in/unenforceable-contracts-what-you-need-to-know https://blog.ipleaders.in/unenforceable-contracts-what-you-n... You said "If you want to have fun, you can report them to Visa/MC and watch that go away within a few days.", so no, if they are following the contract terms, it won't go away. And Visa isn't able to include a blanket ban on surcharges due to changes in the law that would make such a contract illegal and unenforceable.