Can A Business Charge For Using A Credit Card? | Bankrate (2024)

Can A Business Charge For Using A Credit Card? | Bankrate (1)

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  • Seeing retailers offer discounts for cash payments — or assess fees when customers pay by credit card — is becoming more common than ever.
  • In most U.S. states, adding convenience fees to credit card transactions is legal, but there are still rules businesses must follow when doing so.
  • Learning about the convenience fee rules that affect your area can help ensure you aren't overcharged on your credit card transactions.

As the U.S. moves toward a cashless economy, the subject of credit card processing fees passed on by small business sellers becomes more topical.

Many businesses take responsibility for the merchant fees that come along with processing credit card payments by incorporating them into their pricing. However, some pass these fees to the consumer. But are convenience fees legal? Can businesses charge you for using a credit card? Let’s take a closer look:

Convenience fees and surcharges: Common fees businesses charge

In short, merchant fees are legal in most states as long as the business follows the necessary protocols. But before diving into these specific protocols, it’s important to distinguish between the two kinds of fees that a business can charge: convenience fees and surcharges.

What is a convenience fee?

A convenience fee is charged when a customer uses a form of payment that isn’t customary for the business. For example, a business that typically accepts online payments may offer the option to pay by phone for a fee. Convenience fees are legal in all 50 states but must be clearly communicated at the point of sale. Additionally, a convenience fee can only be imposed if there’s another preferred form of payment as an option.

What is a surcharge?

When a business charges a fee for a form of payment, whether in person, online or by phone, it’s called a surcharge. Credit card surcharges are applied when you use your credit card to make a payment. In states where surcharges are legal, they must be clearly displayed at the point of sale and on your receipt. Regulations for surcharges are U.S.-specific, and merchants are prohibited from imposing surcharges on card payments abroad (with the exception to this rule being Canada).

Who can charge for using a credit card?

You may be wondering why a seller would charge you a fee if you’ve already paid for your purchase. The reason most sellers charge fees boils down to how credit card transactions work.

Card issuers charge a merchant fee whenever you use your credit card. The merchant is expected to cover this fee to process credit card payments. However, those fees can add up. In some cases, businesses pass these fees on to consumers in the form of surcharges to avoid incurring the additional costs themselves.

While some merchants don’t know they can charge extra, many avoid doing so simply because of the potential to create negative customer sentiment. It can also present a hassle for certain businesses to figure out how to impose the charges. Instead, many businesses take on the cost of processing credit card payments as a part of their overhead.

Gas stations, for example, fall under the category of businesses that can charge convenience fees and surcharges. However, the reason you are paying more with a credit card at the pump may come down to a game of semantics.

How much can a business charge for using a credit card?

When a business chooses to impose a credit card surcharge, there are protocols that have to be followed. For one, the business has to notify the appropriate credit card associations and clearly disclose that it charges a fee for the use of a credit card. Credit card surcharges can’t exceed the cost of accepting the card or four percent, whichever is the lower amount, even if it costs the business more than that amount to process your credit card payment.

Convenience fees work similarly as they are meant to help a business cover processing costs. Convenience fees usually range between two and three percent of the purchase price. Both of these fees are meant to help a business make up for any processing fees it may have to pay when you make a payment. For this reason, fees should not exceed the processing fee amount. If businesses attempt to charge more, they should be reported to your card issuer.

Surcharge legality by state

Credit card surcharges are handled differently in each state. Here’s a breakdown of what you can expect from businesses around the country.

StateThe legality of credit card surchargesState law synopsis
Sources: National Conference of State Legislatures, Merchant Maverick
AlabamaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
AlaskaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
ArizonaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
ArkansasLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
CaliforniaIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
ColoradoLegalThere is now no prohibition for credit card surcharges. Sellers may still offer discounts for payment by cash, check or other methods unrelated to credit cards.
ConnecticutIllegalCredit card surcharges may not be applied by any seller, however, sellers may set a minimum purchase amount. Sellers may also offer discounts for payment by cash, check or other methods unrelated to credit cards.
DelawareLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
District of ColumbiaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
FloridaIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
GeorgiaLegalConvenience fees can be charged if other payment options without fees are offered. There is no statute on discounts for different payment methods.
HawaiiLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
IdahoLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
IllinoisLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
IndianaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
IowaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
KansasIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
KentuckyLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
LouisianaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
MaineIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
MarylandLegalSellers may offer a cash discount for payment by cash.
MassachusettsIllegalCredit card surcharges may not be added to any sales transaction. Sellers may offer discounts for payment by cash, check or other methods unrelated to credit cards.
MichiganLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
MinnesotaLegalSellers may impose a credit card surcharge of no more than 5 percent of the purchase price. Surcharges must be clearly posted and communicated before payment. Sellers may not impose surcharges on their own branded credit cards and there is no statute on discounts for different payment methods.
MississippiLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
MissouriLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
MontanaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
NebraskaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
NevadaLegalSellers may offer discounts for payment by cash, check or other methods unrelated to credit cards.
New HampshireLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
New JerseyLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
New MexicoLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
New YorkIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
North CarolinaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
North DakotaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
OhioLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
OklahomaIllegalAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
OregonLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
PennsylvaniaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
Rhode IslandLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
South CarolinaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
South DakotaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
TennesseeLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
TexasIllegal, except in the case of a government entity or private schoolAnti-surcharge laws remain in place in the state, but may be unenforceable due to recent court decisions.
UtahLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
VermontLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
VirginiaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
WashingtonLegalSellers may offer discounts for payment in cash.
West VirginiaLegalThere is no prohibition for credit card surcharges and no statute on discounts for different payment methods.
WisconsinLegalSellers may offer discounts for payment by cash, check or other methods unrelated to credit cards.
WyomingLegalSellers may offer a discount of no more than 5 percent for payment by cash, check or other methods unrelated to credit cards.

The bottom line

As a consumer, it can be frustrating to face extra fees for a business to cover the cost of processing credit card payments. But passing on credit card fees to customers is legal in the majority of the U.S. Whether or not a merchant can charge them boils down to local laws and the parameters provided by payment processing networks. Being familiar with the restrictions in your area is important to ensure you aren’t overcharged.

Can A Business Charge For Using A Credit Card? | Bankrate (2024)

FAQs

Can A Business Charge For Using A Credit Card? | Bankrate? ›

Credit card surcharges can't exceed the cost of accepting the card or four percent, whichever is the lower amount, even if it costs the business more than that amount to process your credit card payment.

Is it legal for a business to charge for using a credit card? ›

The answer is: yes, if your business operates in states where it is legal to do so. As of the time of publishing this, the practice of imposing additional fees on credit card transactions (i.e., credit card surcharges) is prohibited in only three U.S. locations: Connecticut, Massachusetts, and Puerto Rico.

Can I charge my customers a credit card processing fee? ›

Credit card surcharges are optional fees that merchants charge customers who use a credit card to pay at checkout. Surcharges are legal unless restricted by state law and are limited to 4% of the total transaction.

Can a business have a minimum credit card charge? ›

When a store says you must spend at least $10 to use your credit card, that's not an arbitrary amount. According to a 2010 ruling under the Dodd-Frank law , a business is allowed to set a credit card minimum of up to $10, as long as that same standard applies to all the credit cards accepted by that merchant.

Can a business charge a credit card on file? ›

In recurring billing situations such as subscription services or regular purchases, for example, the business can automatically charge the stored credit card without requiring the customer to reenter their information each time.

Which states prohibit credit card surcharges? ›

To date, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

Can businesses write off credit card transaction fees? ›

Key Takeaways. Credit card fees are not deductible for individuals and are deductible for businesses. Businesses can deduct all credit card fees as well as finance charges. Businesses are eligible to deduct credit or debit card processing fees associated with paying taxes, but individuals are not.

How do you record credit card fees charged to customers? ›

In your journal entry, you must:
  1. Debit your Cash account in the amount of your Sale – Fees.
  2. Debit your Credit Card Expense account the amount of your fees.
  3. Credit your Sales account the total amount of the sale.
Oct 20, 2022

What is a reasonable credit card processing fee? ›

The typical fee for credit card processing ranges from 1.5% to 3.5% of the total transaction. Who pays credit card processing fees? Merchants typically pay credit card processing fees, though these fees are an operating cost and thus can affect how merchants price their goods and services.

How do I tell customers of credit card processing fees? ›

How to Notify Customers about Convenience Fees
  1. In-person: “There will be a $3 flat fee for online payments and credit cards. ...
  2. Online: “By selecting 'credit,' you agree to pay a $3 convenience fee.”
  3. Over the phone: “I'm happy to process your credit card payment, but please be aware there is a $3 convenience fee.”

Why are businesses charging to use credit cards? ›

A credit card surcharge (or cc surcharge) is a fee enforced by the merchant to compensate for some of the cost of payment processing. This fee can only apply to credit cards—and never debit, even when a debit card is run like a credit. As for calculating the fee, surcharges are predominantly percentage-based.

Is it illegal to put a minimum credit card charge? ›

It's illegal for a merchant to impose a minimum purchase amount for debit card purchases. It also states that if the merchant chooses to impose a $10 minimum purchase requirement for credit card purchases, then it must do it for all credit card companies.

What is the difference between a credit card surcharge and a convenience fee? ›

A surcharge is not a convenience fee. A convenience fee is levied by a merchant for offering customers the privilege of paying with an alternative non-standard payment method. Merchants can process convenience fees in all 50 states. A surcharge is levied by a merchant for customer purchases made with a credit card.

Is it legal to pass credit card fees to customers? ›

But passing on credit card fees to customers is legal in the majority of the U.S. Whether or not a merchant can charge them boils down to local laws and the parameters provided by payment processing networks. Being familiar with the restrictions in your area is important to ensure you aren't overcharged.

Is it legal for a business to charge for using a debit card? ›

Because debit card surcharging is illegal for the most part, you may be wondering, “How can I offset costs in another way?” There are a couple of tried and tested ways for merchants to offset the cost of transaction processing fees outside of implementing surcharging.

Is it illegal to charge a card on file? ›

Yes, of course unauthorized transactions are illegal. In many cases, however, the card holder unknowingly authorized them. It's in the fine print many of us gloss over. That's where you'll find details about subscriptions and fees.

Can a business force you to use a credit card? ›

Does the company have the right to make me use my own credit card for business travel? A Yes, it does. The law requires only that employers reimburse employees for any amounts they expend in performing their duties. It does not require employers to provide company credit cards or to advance expenses.

Do businesses get charged for card transactions? ›

The bulk of your business credit card charges boil down to the merchant service charge (MSC), covering the cost of processing payments. This is the transaction fee added to every sale. It's usually charged as a percentage and the rate will depend on the type of card used.

Can merchants charge 2% extra on credit card payments? ›

Credit card surcharging

This practice is legal in all but four states — Connecticut, Maine, Massachusetts and Oklahoma — additionally, Colorado caps the surcharge fee at 2%. It is also important to note that surcharging is not allowed for debit cards, even when they are run as a credit transaction.

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