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  #1  
Old 01-21-2004, 08:04 AM
graytrekie
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10 cents more for credit


What is the name of your state? fl
i was passing thru new york state recently and stopped to fuel my truck .i had to use my own personal credit card to purchase fuel and was charged ten cents more a gallon. is this legal?
  #2  
Old 01-21-2004, 08:43 AM
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Re: 10 cents more for credit


Quote:
Originally posted by graytrekie
What is the name of your state? fl
i was passing thru new york state recently and stopped to fuel my truck .i had to use my own personal credit card to purchase fuel and was charged ten cents more a gallon. is this legal?
**A: as opposed to using your company corporate card or paying cash?
Yes, it is legal if using a credit card instead of paying cash, because it costs the business money in vendor credit card fees. You had an option of paying cash or buying your gas elsewhere. Would you have saved money by using the AT machine and getting cash from your credit card?
  #3  
Old 01-21-2004, 11:07 AM
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"i had to use my own personal credit card to purchase fuel and was charged ten cents more a gallon. is this legal?"
*** The CORRECT answer to your post is:
"Currently, a provision of Federal Reserve Regulation Z allows all merchants to offer discounts to their non-credit card consumers but is silent on the issue of credit card surcharges. However, surcharges are not exempt from TILA disclosure rules resulting in few merchants imposing them. Furthermore, some states established their own credit card surcharge laws. In 1999, the states that specifically prohibited merchants from imposing credit card surcharges were California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, and Texas. The remaining states either allowed merchants to impose surcharges on credit card purchases or did not have laws prohibiting such practices."

The following is from NY Consolidated Laws:
"S 518. Credit card surcharge prohibited.
No seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means.
Any seller who violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars or a term of imprisonment up to one year, or both."
Source: [url]http://assembly.state.ny.us/leg/?cl=44&a=66[/url]

In addition, most credit card merchant agreements prohibit a merchant from charging a surcharge for using that card.
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  #4  
Old 01-21-2004, 12:14 PM
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The information provided by JETX is correct.
The question to the writer is; was the price of the gas displayed (credit card price) and a cash discount of 10 cents per gallon given if the transaction was paid in cash? Or was the displayed price the cash price and you were charged .10 more per gallon because you used a credit card? If it was the latter, th en the credit card surcharge was illegal.

My response was based on the first scenario since gas station retailers should be aware of the applicable Federal and state laws, and that there is no law prohibiting the gas retailer from offering and giving a cash discount.
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