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Being Charged a Fee To Use My Credit Card

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magnusneptune

Junior Member
California.


At many small and local businesses, I'm constantly charged a small fee by the gas station, mini-market, etc. when I use my credit card. How do I get around that?

I know they're not suppose to charge a fee to use their cards, but merchants do it anyways.
 


Antigone*

Senior Member
California.


At many small and local businesses, I'm constantly charged a small fee by the gas station, mini-market, etc. when I use my credit card. How do I get around that?

I know they're not suppose to charge a fee to use their cards, but merchants do it anyways.
How do you know this? Are you privy to their merchant agreements?

If you don't like it, pay cash.
 
Last edited:

Zigner

Senior Member, Non-Attorney
California.


At many small and local businesses, I'm constantly charged a small fee by the gas station, mini-market, etc. when I use my credit card. How do I get around that?

I know they're not suppose to charge a fee to use their cards, but merchants do it anyways.
Are you using a credit card or a debit card where you have to enter your PIN?
 

magnusneptune

Junior Member
How do you know this? Are you privy to their merchant agreements?

If you don't like it, pay cash.

Yes, their merchant agreements state they cannot tack on a surcharge for credit cards.

It's also against state law.

"No retailer...may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means..."

Statute: Cal. Civ. Code § 1748.1(a) (West)


Thanks for your help, Antigone.
 

Antigone*

Senior Member
Yes, their merchant agreements state they cannot tack on a surcharge for credit cards.

It's also against state law.

"No retailer...may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means..."

Statute: Cal. Civ. Code § 1748.1(a) (West)


Thanks for your help, Antigone.
You can complain to Visa or Master Card if you are so sure they are violating their merchant agreement. If found in violation of their agreement their ability to process will be revoked.

I would really double check the facts because PIN-based transactions fall under different rules.
 

swalsh411

Senior Member
How do you know this? Are you privy to their merchant agreements?
Actually yes. It's been well documented on Consumerist and other such sites that merchants may not charge an additional fee for using a credit card per their agreement with VISA/Mastercard. (not sure about the other credit cards). They can however have a "cash discount" policy.
 

cyjeff

Senior Member
Actually yes. It's been well documented on Consumerist and other such sites that merchants may not charge an additional fee for using a credit card per their agreement with VISA/Mastercard. (not sure about the other credit cards). They can however have a "cash discount" policy.
This is actually changing as we speak.

The new laws around PCI compliance are forcing small business men and women to rethink taking cards at all.

In a nutshell, not only does Visa, Amex and Mastercard charge a huge fee (to give you a statistic from NACS - National Association of Convenience Stores - All of the convenience stores in the country made approx. $8 billion in profit last year... and they paid $12 Billion in credit card fees) but now are demanding that stores upgrade their security and POS systems to a level that will simply take many of the mom and pop's out of play.

No mom and pops and all that is left are the large players. Less competition means higher prices.
 

magnusneptune

Junior Member
You can complain to Visa or Master Card if you are so sure they are violating their merchant agreement. If found in violation of their agreement their ability to process will be revoked.
That's what I want to do. The state has me fill out an E-Form and I don't want to make it that complicated.

Now, I do understand intercharge fees and those said fees are passed on to me in the form of higher prices for items, but it really annoys me when I get hit with those fees. It's almost as if they're being too greedy.
 

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