Credit card charges

[lcrump]

What is the name of your state (only U.S. law)? Texas
We are a Real Estate company that charges $95.00 per month per agent (if agent provides a credit card that may be set up on a recurring charge) in order to be sponsored by the Broker.
If agent wants to pay by check it goes up to $110.00.
We have also instituted a late fee and a credit card declined/expired fee of $25.00.
My question is: Is it legal for our company to add the $25.00 and continue to charge the credit card until the payment clears?

 

[JETX]

What is the name of your state (only U.S. law)? Texas
We are a Real Estate company that charges $95.00 per month per agent (if agent provides a credit card that may be set up on a recurring charge) in order to be sponsored by the Broker.
If agent wants to pay by check it goes up to $110.00.
We have also instituted a late fee and a credit card declined/expired fee of $25.00.
My question is: Is it legal for our company to add the $25.00 and continue to charge the credit card until the payment clears?

Texas Finance Code:
§339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.
(a) In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.