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#1
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Adding Surcharges to Credit Card Purchases
This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it.
In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ States Where No Surcharge Laws Protect Consumers Surcharging isn't allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general's office. California ================== "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) Discounts for Cash Payments are allowed in California "A retailer may, however, offer discounts for the purpose of inducing payment by cash, check or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers." Statute: Cal. Civ. Code § 1748.1(a) (West) Statutes cover: Credit Cards only Statute: (Cal. Civ. Code § 1747.02(a) (West) (defining "credit card")) California State Attorney General Colorado ================== "[N]o seller...may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash check or similar means..." Statute: Colo. Rev. Stat. Ann. § 5-2-212(1) (West) Discounts for Cash Payments are allowed in Colorado "Discounts offered to induce payment by cash, check or other means not involving credit card are not finance charges if offered to all prospective buyers and disclosed clearly and conspicuously in accordance with regulations." Statute: Colo. Rev. Stat. Ann. § 5-2-212(2) (West) Statutes cover: Credit Cards only Statute: (See Colo. Rev. Stat. Ann. § 5-1-301(16), (16.5), (24), (43) (West)).1 Colorado State Attorney General Connecticut ================== "No seller may impose a surcharge on a buyer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means..." Statute: Conn. Gen. Stat. Ann. § 42-133ff(a) (West) Statute: Id. at § 42-133ff(d). Statute covers: Credit & Debit No surcharges on travel agents "No provider of travel services may impose a surcharge on or reduce the commission paid to a travel agent who acts as an agent for such provider if the buyer uses a credit card to purchase such provider's travel services." Statute: Conn. Gen. Stat. Ann. § 42-133ff(e) (West) Statute does not define credit card to include debit card Connecticut State Attorney General Florida ================== "A seller...may not impose a surcharge on the buyer...for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller...accepts payment by credit card..." Statute: Fla. Stat. Ann. § 501.0117(1) (West) Discounts for Cash Payments are allowed in Florida Discounts offered to induce payment by cash, check or other means not involving a credit card allowed if offered to all prospective buyers. Statute: Fla. Stat. Ann. § 501.0117(1) (West) Statutes cover: Statute does not define credit card to include debit card Statute: Fla. Stat. Ann. § 501.011(1) (West) Florida State Attorney General " Kansas ================== "No seller...or any credit card issuer may impose a surcharge on a card holder who elects to use a credit card in lieu of payment by cash, check or similar means." Statute: Kan. Stat. Ann. § 16a-2-403 Discounts for Cash Payments are allowed in Kansas Attorney General's opinion interprets section 16a-2-403's predecessor statute to not prohibit discounts for payments made by cash, check or similar means. Statute: Kan. Op. Attorney Gen. 86-115, 1986 WL 238345 (1986) Statutes cover: Statutes do not define credit card to include debit card Statute: (See Kan. Stat. Ann. §§ 16a-1-301(18), (19)) Kansas State Attorney General Maine ================== "No seller...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: Maine Rev. Stat. Ann. tit. 9-A, § 8-303(2) (See also id. § 8-103 (definitions and rules of construction)) Discounts for Cash Payments are allowed in Maine Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: See Maine Rev. Stat. Ann. tit. 9-A, § 8-303(3) Statutes cover: Credit cards only Statute: (See Maine Rev. Stat. Ann. tit. 9-A, § 1-301(15), (16)).1 Maine State Attorney General Massachusetts ================== "No seller...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: Mass. Gen. Laws Ann. ch. 140D, § 28A(a)(2) (West) Discounts for Cash Payments are allowed in Massachusetts Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: Mass. Gen. Laws Ann. ch. 140D, § 28A(b) (West) Statutes cover: Credit cards only Statute: (Mass. Gen. Laws Ann. ch. 140D, § 1 (West)) Massachusetts State Attorney General New York ================== "No seller...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: N.Y. Gen. Bus. Law § 518 (McKinney) Statute covers: Credit cards only Statute: (N.Y. Gen. Bus. Law § 511(1)) New York State Attorney General Oklahoma ================== "No seller...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: Okla. Stat. Ann. tit. 14A, § 2-211, -417 (West) Discounts for Cash Payments are allowed in Oklahoma Discount offered to induce payment by cash, check or similar means not involving an open-end credit card not considered a credit service charge if offered to all prospective buyers clearly and conspicuously in accordance with regulations. Statutes cover: Credit cards only Statute: (See Okla. Stat. Ann. tit. 14A, § 1-301(7), (9), (19) Oklahoma State Attorney General Texas ================== "[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." Statute: Tex. Fin. Code Ann. § 339.001(a) (Vernon) Statute covers: Credit cards only Statute: Tex. Fin. Code Ann. § 301.002(a)(2),(9) Texas State Attorney General |
#2
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Adding Surcharges to Credit Card Purchases
How do gas stations in NY get away with charging 10 cents more per gallon for using a credit card?
All the "Valero" branded stations do this. Many Mobil stations are now doing it, and some Hess stations have also begun this practice. Must be they can call it a "cash discount" and that's good enough for the law. Frankly, it SHOULD be legal to impose a credit surcharge. It costs the merchant 3-5% of GROSS for the ability to accept credit cards. Credit surcharge would also make people think twice about buying things they can't afford. Rather than have it now they save the cash, and maybe by the time they've saved up they will realize they never needed it in the first place. Unfortunately that is bad for business in general. |
#3
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Adding Surcharges to Credit Card Purchases
Actually, the law recently changed on this.
Starting this year, retailers can now charge extra for using a credit card. http://www.reuters.com/article/2013/...90R14U20130128 I think this is a good thing. Credit card companies charge the retailer, so that company should pass that charge on to people who use credit cards. Credit cards are not free. --- On Wednesday, October 23, 2013 8:10:44 AM UTC-7, Guv Bob wrote: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it. In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ States Where No Surcharge Laws Protect Consumers Surcharging isn't allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general's office. California ================== "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) Discounts for Cash Payments are allowed in California "A retailer may, however, offer discounts for the purpose of inducing payment by cash, check or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers." Statute: Cal. Civ. Code § 1748.1(a) (West) Statutes cover: Credit Cards only Statute: (Cal. Civ. Code § 1747.02(a) (West) (defining "credit card")) California State Attorney General Colorado ================== "[N]o seller...may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash check or similar means..." Statute: Colo. Rev. Stat. Ann. § 5-2-212(1) (West) Discounts for Cash Payments are allowed in Colorado "Discounts offered to induce payment by cash, check or other means not involving credit card are not finance charges if offered to all prospective buyers and disclosed clearly and conspicuously in accordance with regulations." Statute: Colo. Rev. Stat. Ann. § 5-2-212(2) (West) Statutes cover: Credit Cards only Statute: (See Colo. Rev. Stat. Ann. § 5-1-301(16), (16.5), (24), (43) (West)).1 Colorado State Attorney General Connecticut ================== "No seller may impose a surcharge on a buyer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means..." Statute: Conn. Gen. Stat. Ann. § 42-133ff(a) (West) Statute: Id. at § 42-133ff(d). Statute covers: Credit & Debit No surcharges on travel agents "No provider of travel services may impose a surcharge on or reduce the commission paid to a travel agent who acts as an agent for such provider if the buyer uses a credit card to purchase such provider's travel services." Statute: Conn. Gen. Stat. Ann. § 42-133ff(e) (West) Statute does not define credit card to include debit card Connecticut State Attorney General Florida ================== "A seller...may not impose a surcharge on the buyer...for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller...accepts payment by credit card..." Statute: Fla. Stat. Ann. § 501.0117(1) (West) Discounts for Cash Payments are allowed in Florida Discounts offered to induce payment by cash, check or other means not involving a credit card allowed if offered to all prospective buyers. Statute: Fla. Stat. Ann. § 501.0117(1) (West) Statutes cover: Statute does not define credit card to include debit card Statute: Fla. Stat. Ann. § 501.011(1) (West) Florida State Attorney General " Kansas ================== "No seller...or any credit card issuer may impose a surcharge on a card holder who elects to use a credit card in lieu of payment by cash, check or similar means." Statute: Kan. Stat. Ann. § 16a-2-403 Discounts for Cash Payments are allowed in Kansas Attorney General's opinion interprets section 16a-2-403's predecessor statute to not prohibit discounts for payments made by cash, check or similar means. Statute: Kan. Op. Attorney Gen. 86-115, 1986 WL 238345 (1986) Statutes cover: Statutes do not define credit card to include debit card Statute: (See Kan. Stat. Ann. §§ 16a-1-301(18), (19)) Kansas State Attorney General Maine ================== "No seller...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: Maine Rev. Stat. Ann. tit. 9-A, § 8-303(2) (See also id. § 8-103 (definitions and rules of construction)) Discounts for Cash Payments are allowed in Maine Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: See Maine Rev. Stat. Ann. tit. 9-A, § 8-303(3) Statutes cover: Credit cards only Statute: (See Maine Rev. Stat. Ann. tit. 9-A, § 1-301(15), (16)).1 Maine State Attorney General Massachusetts ================== "No seller...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: Mass. Gen. Laws Ann. ch. 140D, § 28A(a)(2) (West) Discounts for Cash Payments are allowed in Massachusetts Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: Mass. Gen. Laws Ann. ch. 140D, § 28A(b) (West) Statutes cover: Credit cards only Statute: (Mass. Gen. Laws Ann. ch. 140D, § 1 (West)) Massachusetts State Attorney General New York ================== "No seller...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: N.Y. Gen. Bus. Law § 518 (McKinney) Statute covers: Credit cards only Statute: (N.Y. Gen. Bus. Law § 511(1)) New York State Attorney General Oklahoma ================== "No seller...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: Okla. Stat. Ann. tit. 14A, § 2-211, -417 (West) Discounts for Cash Payments are allowed in Oklahoma Discount offered to induce payment by cash, check or similar means not involving an open-end credit card not considered a credit service charge if offered to all prospective buyers clearly and conspicuously in accordance with regulations. Statutes cover: Credit cards only Statute: (See Okla. Stat. Ann. tit. 14A, § 1-301(7), (9), (19) Oklahoma State Attorney General Texas ================== "[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." Statute: Tex. Fin. Code Ann. § 339.001(a) (Vernon) Statute covers: Credit cards only Statute: Tex. Fin. Code Ann. § 301.002(a)(2),(9) Texas State Attorney General |
#5
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Adding Surcharges to Credit Card Purchases
On Wednesday, October 23, 2013 1:26:27 PM UTC-4, wrote:
Actually, the law recently changed on this. Starting this year, retailers can now charge extra for using a credit card. http://www.reuters.com/article/2013/...90R14U20130128 I think this is a good thing. Credit card companies charge the retailer, so that company should pass that charge on to people who use credit cards. Credit cards are not free. Yeah, I don't see why people have a problem with this. It's another example of big govt getting involved where they have no business being. If a gas station wants to charge 5 cents more for credit cards, why shouldn't they be allowed to? It's their business. They have to pay the credit card company an additional fee. If I'm willing to pay cash, why should I have to bear the cost of others who choose to use a credit card. And every place I've been, where there are businesses that charge an extra fee, there have been plenty of others that you could chose to go to that don't. Around here, NJ, the only ones doing it that I've seen are gas stations. Plenty of them, most probably, don't charge extra. |
#6
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Adding Surcharges to Credit Card Purchases
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#7
Posted to alt.home.repair
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Adding Surcharges to Credit Card Purchases
wrote in message ... On Wednesday, October 23, 2013 1:26:27 PM UTC-4, wrote: Actually, the law recently changed on this. Starting this year, retailers can now charge extra for using a credit card. http://www.reuters.com/article/2013/...90R14U20130128 I think this is a good thing. Credit card companies charge the retailer, so that company should pass that charge on to people who use credit cards. Credit cards are not free. Yeah, I don't see why people have a problem with this. It's another example of big govt getting involved where they have no business being. If a gas station wants to charge 5 cents more for credit cards, why shouldn't they be allowed to? It's their business. They have to pay the credit card company an additional fee. If I'm willing to pay cash, why should I have to bear the cost of others who choose to use a credit card. And every place I've been, where there are businesses that charge an extra fee, there have been plenty of others that you could chose to go to that don't. Around here, NJ, the only ones doing it that I've seen are gas stations. Plenty of them, most probably, don't charge extra. Around here, it's called consumer protection and we've fought long and hard for the laws that finally give the average consumer some way to avoid being screwed by merchants and companies who are only too happy to tack on fees just because. The airlines have become particularly good at such things. You may live in a city where there is plenty of competition. That's fine; but a rural area or small town with a couple of gas stations is not a hot bed of competition -- especially if the owners talk to each other at the monthly C of C meetings. I don't want the government to do everything for me; but I do want a level playing field and a fighting chance to get a fair deal. Tomsic |
#8
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Adding Surcharges to Credit Card Purchases
"=" wrote in message
Around here, it's called consumer protection and we've fought long and hard for the laws that finally give the average consumer some way to avoid being screwed by merchants and companies who are only too happy to tack on fees just because. The airlines have become particularly good at such things. You may live in a city where there is plenty of competition. That's fine; but a rural area or small town with a couple of gas stations is not a hot bed of competition -- especially if the owners talk to each other at the monthly C of C meetings. I don't want the government to do everything for me; but I do want a level playing field and a fighting chance to get a fair deal. So how is it unfair to charge you more when you cost them more? -- dadiOH ____________________________ Winters getting colder? Tired of the rat race? Taxes out of hand? Maybe just ready for a change? Check it out... http://www.floridaloghouse.net |
#9
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Adding Surcharges to Credit Card Purchases
On Wed, 23 Oct 2013 10:26:27 -0700 (PDT),
wrote: Actually, the law recently changed on this. Starting this year, retailers can now charge extra for using a credit card. http://www.reuters.com/article/2013/...90R14U20130128 I think this is a good thing. Credit card companies charge the retailer, so that company should pass that charge on to people who use credit cards. Credit cards are not free. --- On Wednesday, October 23, 2013 8:10:44 AM UTC-7, Guv Bob wrote: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it. In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ snip Isn't that what the OP said? |
#10
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 11:10 AM, Guv Bob wrote:
This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. In the land of the free, and the home of the brave, why does the government regulate every aspect of our lives and finances? -- .. Christopher A. Young Learn about Jesus www.lds.org .. |
#11
Posted to alt.home.repair
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Adding Surcharges to Credit Card Purchases
"Guv Bob" wrote in
m: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it. In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ States Where No Surcharge Laws Protect Consumers Surcharging isn't allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general's office. California ================= "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) Discounts for Cash Payments are allowed in California "A retailer may, however, offer discounts for the purpose of inducing payment by cash, check or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers." Statute: Cal. Civ. Code § 1748.1(a) (West) Statutes cover: Credit Cards only Statute: (Cal. Civ. Code § 1747.02(a) (West) (defining "credit card")) California State Attorney General Colorado ================= "[N]o seller...may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash check or similar means..." Statute: Colo. Rev. Stat. Ann. § 5-2-212(1) (West) Discounts for Cash Payments are allowed in Colorado "Discounts offered to induce payment by cash, check or other means not involving credit card are not finance charges if offered to all prospective buyers and disclosed clearly and conspicuously in accordance with regulations." Statute: Colo. Rev. Stat. Ann. § 5-2-212(2) (West) Statutes cover: Credit Cards only Statute: (See Colo. Rev. Stat. Ann. § 5-1-301(16), (16.5), (24), (43) (West)).1 Colorado State Attorney General Connecticut ================= "No seller may impose a surcharge on a buyer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means..." Statute: Conn. Gen. Stat. Ann. § 42-133ff(a) (West) Statute: Id. at § 42-133ff(d). Statute covers: Credit & Debit No surcharges on travel agents "No provider of travel services may impose a surcharge on or reduce the commission paid to a travel agent who acts as an agent for such provider if the buyer uses a credit card to purchase such provider's travel services." Statute: Conn. Gen. Stat. Ann. § 42-133ff(e) (West) Statute does not define credit card to include debit card Connecticut State Attorney General Florida ================= "A seller...may not impose a surcharge on the buyer...for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller...accepts payment by credit card..." Statute: Fla. Stat. Ann. § 501.0117(1) (West) Discounts for Cash Payments are allowed in Florida Discounts offered to induce payment by cash, check or other means not involving a credit card allowed if offered to all prospective buyers. Statute: Fla. Stat. Ann. § 501.0117(1) (West) Statutes cover: Statute does not define credit card to include debit card Statute: Fla. Stat. Ann. § 501.011(1) (West) Florida State Attorney General " Kansas ================= "No seller...or any credit card issuer may impose a surcharge on a card holder who elects to use a credit card in lieu of payment by cash, check or similar means." Statute: Kan. Stat. Ann. § 16a-2-403 Discounts for Cash Payments are allowed in Kansas Attorney General's opinion interprets section 16a-2-403's predecessor statute to not prohibit discounts for payments made by cash, check or similar means. Statute: Kan. Op. Attorney Gen. 86-115, 1986 WL 238345 (1986) Statutes cover: Statutes do not define credit card to include debit card Statute: (See Kan. Stat. Ann. §§ 16a-1-301(18), (19)) Kansas State Attorney General Maine ================= "No seller...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: Maine Rev. Stat. Ann. tit. 9-A, § 8-303(2) (See also id. § 8-103 (definitions and rules of construction)) Discounts for Cash Payments are allowed in Maine Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: See Maine Rev. Stat. Ann. tit. 9-A, § 8-303(3) Statutes cover: Credit cards only Statute: (See Maine Rev. Stat. Ann. tit. 9-A, § 1-301(15), (16)).1 Maine State Attorney General Massachusetts ================= "No seller...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: Mass. Gen. Laws Ann. ch. 140D, § 28A(a)(2) (West) Discounts for Cash Payments are allowed in Massachusetts Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: Mass. Gen. Laws Ann. ch. 140D, § 28A(b) (West) Statutes cover: Credit cards only Statute: (Mass. Gen. Laws Ann. ch. 140D, § 1 (West)) Massachusetts State Attorney General New York ================= "No seller...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: N.Y. Gen. Bus. Law § 518 (McKinney) Statute covers: Credit cards only Statute: (N.Y. Gen. Bus. Law § 511(1)) New York State Attorney General Oklahoma ================= "No seller...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: Okla. Stat. Ann. tit. 14A, § 2-211, -417 (West) Discounts for Cash Payments are allowed in Oklahoma Discount offered to induce payment by cash, check or similar means not involving an open-end credit card not considered a credit service charge if offered to all prospective buyers clearly and conspicuously in accordance with regulations. Statutes cover: Credit cards only Statute: (See Okla. Stat. Ann. tit. 14A, § 1-301(7), (9), (19) Oklahoma State Attorney General Texas ================= "[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." Statute: Tex. Fin. Code Ann. § 339.001(a) (Vernon) Statute covers: Credit cards only Statute: Tex. Fin. Code Ann. § 301.002(a)(2),(9) Texas State Attorney General A number of years back I was accessed a CC surcharge at a gas station as I was traveling through one state. I questioned it with the CC company. At THAT TIME in THAT STATE I was told they can do it as long as they do it with ALL credit cards they honor. They couldn't selectively surcharge by card. |
#12
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 10:10 AM, Guv Bob wrote:
This is a result from my recent dealing with a plumber who tried to add a service charge (snipped) We own a retail business in Iowa and we have a sign that states that we charge a 3% service charge for credit cards. It is amazing that once people see the sign money find another way to pay for it (usually a check). Of course there are some that would a 10% surcharge or more because they do everything on credit until it catches up with them. Don |
#13
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 6:09 PM, Red Green wrote:
"Guv Bob" wrote in m: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it. In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ States Where No Surcharge Laws Protect Consumers Surcharging isn't allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general's office. California ================= "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) Discounts for Cash Payments are allowed in California "A retailer may, however, offer discounts for the purpose of inducing payment by cash, check or other means not involving the use of a SurvivalBlog.com http://www.survivalblog.com/index.html The Daily Web Log for Prepared Individuals Living in Uncertain Times. Monday, October 21, 2013 We Have Lost Our Way, by An Optimist in the Redoubt http://www.survivalblog.com/2013/10/we-have-lost-our-way-by-an-optimist-in-the-redoubt.html Permalink http://www.survivalblog.com/2013/10/we-have-lost-our-way-by-an-optimist-in-the-redoubt.html http://www.survivalblog.com/2013/10/we_have_lost_our_way_by_an_optimist_in_the_redoubt .html This may inflame some folks, but for others I hope it jogs our brain cells to ask, how did we get to this spot, and why are we of this prepper mindset? Think back to the early sixties (if you can), 6th grade in sunny California, and unlike my folks who suffered through the Great Depression, life was good. NY Yankees' Mickey Mantle and Roger Maris were hitting away, trying to break the Babe's home run record. Every kid in my school played ball, at every opportunity, and you carried your glove with you, everywhere...it was a mark of boyhood. The school janitor was our ump, and recess went by all to fast. Girls did their own thing, and to be honest I don't remember what it was. Even the teachers were "betting" on Mantle, but the principal held out for Maris. America invented baseball, along with the Colt .45 peacemaker and 1911, flying saucers, the muscle car, the movies, Rock and Roll, NASA, the transistor radio, drive-in theaters, cowboys and the wild west, and countless scores of other things. We were a nation of heroes and legends who won the World War against fascism and evil. We even won at the Alamo even when we lost, because of men like Crockett and Bowie and Travis. Sports figures were heroes, not thugs, they were paid well but not rich, and they spent time with kids, not like today's sports celebrities, who spend more time using performance enhancers to cheat. Kids played outside, with no fear. Eisenhower, the commanding General of "the Allies" in WWII, was President. Kennedy and Nixon were running for President, and the girls all wanted Kennedy because he was the better looking and younger of the two. We all felt a sense of strength in Kennedy, whether or not that was true. He was perceived as a just man who would not be slapped around, who knew right from wrong, and had proven himself in battle. John and Jackie Kennedy were the darlings of the era. Nobody disliked them. When we look back at those times, now-liberal agendas were simply not on the table and not debated as today. And Kennedy was not mocked for his frequent mentions of the Almighty. BHO would have never been elected during this time, regardless of skin color or attitudes then, but because of his socialist views, his associates, and his lack of proven leadership qualities. Most boys were in Scouts, and most went through hunter safety. I still remember that nobody caught any flak for walking down the street with your .22. We all had a warrior mindset, but not a mindset of violence or evil to our fellow Americans, but rather, respect. The NRA was not involved in politics like today, because there was no need to protect peoples' 2nd Amendment rights...everyone just had them - this was America!. Kids could go into Joe Agueda's gas station and buy .22 rounds for very little money. There were no background checks of course. Most things were based on horse sense. There were not a lot of "WSM's" (whining, sniveling malcontents) who showed themselves back then. Men married women. Homosexual people did not join up in the military and if found out they were booted out. Women did not serve on board ships in the Navy with men. Duh. People refrained from certain locker-room talk in front of women and kids, flipped the bird only to your worst enemy, and the "F" bomb was not dropped in public, especially by young people, and never on the silver screen. People helped others who were in need or in trouble. People who acted like jerks were shunned, and those who were honorable were respected. Certain things were never done. Nobody, not even nuts, not even suicidal nuts, walked into a school full of children or into a movie theater or a military installation or a church, and opened fire. There was always a general, overall sense that this country was one of real manhood, whose people were warriors, who would protect us all from harmful people, from mentally deranged people. There were far less threats because those of that bent were not allowed to just go about in society doing as they wished. There were consequences, not like today. There was far more respectful treatment among us. Life was sometimes harsh, sometimes "unfair", and sometimes folks' "rights" were violated...but we were far, far safer than today, and without "political correctness". There were winners and losers, and that was not considered a detriment to our society. People just dealt with it. Like Clint Eastwood's character in "Heartbreak Ridge" said, "Adapt, improvise, overcome". While people were different in many ways, and there were always the criminal types ("hoodlums" Granny called them) ...it seemed like most Americans were on the same page. Yes there was still problems with segregation in those days, especially in the South - a scar, a blight, and a curse on our country ever since the inclusion of slavery on our shores. Native Americans and Japanese citizens were also treated poorly in our history. In spite of our weaknesses and failures and differences, we seemed to be more of a nation of patriots, even black men (called "negroes" then) rose above the racial inequalities and fought their hearts out or competed their hearts out when called; As did our Native Americans, as did our Japanese people...persecuted and oft times ridiculed, but fought anyway, because we were a nation of patriots. Adults were also hard working patriots, with a sense of dignity and loathing for handouts. We all come from pioneers and fighters, most of whom were from foreign shores. Our whole culture is one based on survival in the face of hardships. The UN was still an infant back then, and heralded by many as a new, ground-breaking way to have peace on Earth (okay so that didn't work so bueno.) All of us in grade school had to know who Dag Hamerskjold was, the 2nd secretary general of the UN...he died in a plane crash while in office, and President Kennedy called him "the greatest statesman of this century". At about the same time, Fidel Castro had stormed Cuba and we were all taught that he was a no-good, a "red" (communist) who murdered his own people and enslaved many, like Stalin or Hitler. In spite of the celeb's today who want us to believe Cuba is wrongfully persecuted by the USA, talk to those who risked their lives to get out of there, to be here. The 50's and early 60's were lazy, blissful days. Saturday matinees, and Little League. Weekly ball games on TV called by legends Pee Wee Reese and Dizzy Dean, and heavyweight boxing matches on "the boob tube" as my Dad called it (to him there would never be another Rocky Marciano - and Cassius Clay was no Marciano, he would say). Push manual lawn mowers, record stores, rotary dial phones and party lines, hot cars, cheap gas, "Bonanza" (yay!) and Lawrence Welk (yech!) It seemed like everybody smoked cigarettes except a few of the old timers who stuck with their pipes. There were no microwaves, bottled water, smart phones, the internet, video games, iPods or pads, Kindles, methamphetamine labs or crack houses (although there were "dope fiends"), rock concerts, gyms, espresso coffee, pizza or fast food joints. There was also no Super Bowl much less "tailgate parties", nor were there any "R" rated movies or any other rating for that matter..."Ben Hur" and "Ol' Yeller" were the hit movies. And there were definitely no terrorists. Still, there were lots of mistakes made in those days, from abusing our lands and wildlife to unwise medical practices to liberal parenting models (thanks to Dr. Benjamin Spock)..we are, after all, fallen, imperfect human beings in constant need of a Savior! Most importantly, there were no preppers as we know it today. Folks just modestly put away here and there for emergencies, or disasters, not counting the "fall out shelter" craze that went on for awhile during the Cold War. But Mom's knew more back then about making things, and all Mom's cooked like crazy back then. Government and/or economic collapse was hardly ever talked about, pandemics and natural disasters were mentioned occasionally, there were no movies about these themes. And climate change was not on the table at all. Catch this: Nobody would have ever dreamed that just owning a gun and ammo would be a big deal, or that .22 LR would *ever *be in short supply. When we were stopped and questioned by the local gendarme's back then, it was always "yes sir" and "no sir"...or you suffered the consequences. Same applied to teachers and neighbors. In those days the male teachers wore coats and ties and were well-groomed, and used those long yellow chalk board erasers on sassy boys, with reckless abandon. The female teachers wore dresses in class, and were equally well known for their lightening fast disciplinary techniques, again, mostly with the boys. Parents used corporal punishment on children as well, with no fear of child abuse charges because somebody's bottom got a spanking...it was just...common sense! Try that today. Respect. Little did we realize, but there were hard and confusing times shortly ahead, much different than the challenges of WWII and Korea. There were also insidious forces at work behind the scenes, on the attack from the inside to change our way of life as we knew it. Nothing like Pearl Harbor mind you, but attacks nonetheless. Many of us remember watching little Nikita Khrushchev pound his shoe on the podium at the UN and warning us that communism would take us over...from within! As just one example, most of us did not realize that the number of attorneys would explode over the next few decades, litigating the USA into a society of fear and loathing where anyone could get sued for anything. The ACLU, founded by a card carrying communist, would become extremely powerful and give birth to many like organizations, such as the National Lawyers Guild. These organizations have put a serious dent in legal fairness, common sense, and Americanism, and continue to do so, unabated. They have warped our judicial system and have made a mockery of criminal justice. What has taken it's toll on America? The killing of the Kennedy's and MLK, Viet Nam, the drug culture, abortion, segregation unrest, bigger and more abusive government, taxes, crime, liberal prison reforms, powerful labor unions, the growth of gangs, "alternative" lifestyles, Hollywood, the MTV culture, environmental hazards and disasters, the entitlement lifestyle, porous borders, ill health and obesity, and most importantly, the rejection of our Christian heritage. We are a nation divided. There are now many Americans who have zero respect for parents, teachers or elders, for our laws and our Constitution, our heritage, or for our military protectors. Like the frog in the hot water, we are now close to the boiling point, and we are complacent, choosing to boil to death rather than jump out of the cauldron. This is very dangerous for our society. An example: Who would have thought years ago that it is "normal" to hear a Hollywood talking head on the radio, advertising tax specialist assistance in order to keep the IRS from seizing our bank accounts and homes because of "back taxes"?. Why are we standing for this nonsense? We are taxed to death already, and nobody's homes or paychecks should be seized by anyone in this country much less our own government!. Yet we ignore the advertisement and think about getting a latte instead. So we prepare for the worst because we can't rely on our leaders in Washington to do right by us. Instead, we fear our own government, and with good reason. With each passing year, the government shows itself to be a heartless and really dumb entity that exists to victimize it's own citizens. To add insult to injury, our government and the Central Bank are bedfellows, and between the two, have managed to drive us to financial Armageddon. The American dream is a little hard to come by when everyone ends up broke. We prep because we can't trust the rest of the world to leave us in peace and worry about their own countries. We prep because we want to take care of our families and give our little ones a fighting chance. We prep because we don't want to be boiled frogs. Those who take the necessary precautions, those who are the willing, will be able to take our heritage back from those who are stealing it and destroying it. Because we have respect for our country. But if we continue to thumb our noses at the Creator of the universe and all mankind, it won't matter. Time to realize that Jesus *is* coming back, and now is not the time to be goofing off! credit card, provided that the discount is offered to all prospective buyers." Statute: Cal. Civ. Code § 1748.1(a) (West) Statutes cover: Credit Cards only Statute: (Cal. Civ. Code § 1747.02(a) (West) (defining "credit card")) California State Attorney General Colorado ================= "[N]o seller...may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash check or similar means..." Statute: Colo. Rev. Stat. Ann. § 5-2-212(1) (West) Discounts for Cash Payments are allowed in Colorado "Discounts offered to induce payment by cash, check or other means not involving credit card are not finance charges if offered to all prospective buyers and disclosed clearly and conspicuously in accordance with regulations." Statute: Colo. Rev. Stat. Ann. § 5-2-212(2) (West) Statutes cover: Credit Cards only Statute: (See Colo. Rev. Stat. Ann. § 5-1-301(16), (16.5), (24), (43) (West)).1 Colorado State Attorney General Connecticut ================= "No seller may impose a surcharge on a buyer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means..." Statute: Conn. Gen. Stat. Ann. § 42-133ff(a) (West) Statute: Id. at § 42-133ff(d). Statute covers: Credit & Debit No surcharges on travel agents "No provider of travel services may impose a surcharge on or reduce the commission paid to a travel agent who acts as an agent for such provider if the buyer uses a credit card to purchase such provider's travel services." Statute: Conn. Gen. Stat. Ann. § 42-133ff(e) (West) Statute does not define credit card to include debit card Connecticut State Attorney General Florida ================= "A seller...may not impose a surcharge on the buyer...for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller...accepts payment by credit card..." Statute: Fla. Stat. Ann. § 501.0117(1) (West) Discounts for Cash Payments are allowed in Florida Discounts offered to induce payment by cash, check or other means not involving a credit card allowed if offered to all prospective buyers. Statute: Fla. Stat. Ann. § 501.0117(1) (West) Statutes cover: Statute does not define credit card to include debit card Statute: Fla. Stat. Ann. § 501.011(1) (West) Florida State Attorney General " Kansas ================= "No seller...or any credit card issuer may impose a surcharge on a card holder who elects to use a credit card in lieu of payment by cash, check or similar means." Statute: Kan. Stat. Ann. § 16a-2-403 Discounts for Cash Payments are allowed in Kansas Attorney General's opinion interprets section 16a-2-403's predecessor statute to not prohibit discounts for payments made by cash, check or similar means. Statute: Kan. Op. Attorney Gen. 86-115, 1986 WL 238345 (1986) Statutes cover: Statutes do not define credit card to include debit card Statute: (See Kan. Stat. Ann. §§ 16a-1-301(18), (19)) Kansas State Attorney General Maine ================= "No seller...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: Maine Rev. Stat. Ann. tit. 9-A, § 8-303(2) (See also id. § 8-103 (definitions and rules of construction)) Discounts for Cash Payments are allowed in Maine Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: See Maine Rev. Stat. Ann. tit. 9-A, § 8-303(3) Statutes cover: Credit cards only Statute: (See Maine Rev. Stat. Ann. tit. 9-A, § 1-301(15), (16)).1 Maine State Attorney General Massachusetts ================= "No seller...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: Mass. Gen. Laws Ann. ch. 140D, § 28A(a)(2) (West) Discounts for Cash Payments are allowed in Massachusetts Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: Mass. Gen. Laws Ann. ch. 140D, § 28A(b) (West) Statutes cover: Credit cards only Statute: (Mass. Gen. Laws Ann. ch. 140D, § 1 (West)) Massachusetts State Attorney General New York ================= "No seller...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: N.Y. Gen. Bus. Law § 518 (McKinney) Statute covers: Credit cards only Statute: (N.Y. Gen. Bus. Law § 511(1)) New York State Attorney General Oklahoma ================= "No seller...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: Okla. Stat. Ann. tit. 14A, § 2-211, -417 (West) Discounts for Cash Payments are allowed in Oklahoma Discount offered to induce payment by cash, check or similar means not involving an open-end credit card not considered a credit service charge if offered to all prospective buyers clearly and conspicuously in accordance with regulations. Statutes cover: Credit cards only Statute: (See Okla. Stat. Ann. tit. 14A, § 1-301(7), (9), (19) Oklahoma State Attorney General Texas ================= "[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." Statute: Tex. Fin. Code Ann. § 339.001(a) (Vernon) Statute covers: Credit cards only Statute: Tex. Fin. Code Ann. § 301.002(a)(2),(9) Texas State Attorney General A number of years back I was accessed a CC surcharge at a gas station as I was traveling through one state. I questioned it with the CC company. At THAT TIME in THAT STATE I was told they can do it as long as they do it with ALL credit cards they honor. They couldn't selectively surcharge by card. Be nice if some of that freedom was restored. -- .. Christopher A. Young Learn about Jesus www.lds.org .. |
#14
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Adding Surcharges to Credit Card Purchases
On Wednesday, October 23, 2013 2:45:58 PM UTC-4, = wrote:
wrote in message ... On Wednesday, October 23, 2013 1:26:27 PM UTC-4, wrote: Actually, the law recently changed on this. Starting this year, retailers can now charge extra for using a credit card. http://www.reuters.com/article/2013/...90R14U20130128 I think this is a good thing. Credit card companies charge the retailer, so that company should pass that charge on to people who use credit cards. Credit cards are not free. Yeah, I don't see why people have a problem with this. It's another example of big govt getting involved where they have no business being. If a gas station wants to charge 5 cents more for credit cards, why shouldn't they be allowed to? It's their business. They have to pay the credit card company an additional fee. If I'm willing to pay cash, why should I have to bear the cost of others who choose to use a credit card. And every place I've been, where there are businesses that charge an extra fee, there have been plenty of others that you could chose to go to that don't. Around here, NJ, the only ones doing it that I've seen are gas stations. Plenty of them, most probably, don't charge extra. Around here, it's called consumer protection and we've fought long and hard for the laws that finally give the average consumer some way to avoid being screwed by merchants and companies who are only too happy to tack on fees just because. The airlines have become particularly good at such things. So, instead they raise the price of gas 5 cents, you happy now? Why should those paying cash help pay for the cost of your credit card usage? How is that fair? This is just another example of a dumb, feel good law. You may live in a city where there is plenty of competition. That's fine; but a rural area or small town with a couple of gas stations is not a hot bed of competition -- especially if the owners talk to each other at the monthly C of C meetings. I don't want the government to do everything for me; but I do want a level playing field and a fighting chance to get a fair deal. Tomsic Do you understand economics 101? They had their "meeting". You pass a law saying they can't charge differently for credit card purchases, even though the use of a credit card adds to their cost for that purchase. So, they raised the price of gas for everyone 5 cents. If it were me, I'd raise it 10 cents, to more than make up for you screwing with our private businesses. Happy now? All you're doing is making everyone pay for the fact that YOU want to use a credit card. What's next? You want to cash customers to pay for the interest on your credit card too? |
#15
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Adding Surcharges to Credit Card Purchases
On Wednesday, October 23, 2013 6:09:20 PM UTC-4, Red Green wrote:
"Guv Bob" wrote in m: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. But when I asked him to itemize that charge on the receipt, he decided not to add it. In general, anyone who sells products or services is considered a retailer. This does not apply to governments and some organizations such as non-profit charities, etc. Below are the states who currently prohibit this type of charge. California Colorado Connecticut Florida Kansas Maine Massachusetts New York Oklahoma Texas From http://usa.visa.com/personal/using_visa/checkout_fees/ States Where No Surcharge Laws Protect Consumers Surcharging isn't allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general's office. California ================= "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) Discounts for Cash Payments are allowed in California "A retailer may, however, offer discounts for the purpose of inducing payment by cash, check or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers." Statute: Cal. Civ. Code § 1748.1(a) (West) Statutes cover: Credit Cards only Statute: (Cal. Civ. Code § 1747.02(a) (West) (defining "credit card")) California State Attorney General Colorado ================= "[N]o seller...may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash check or similar means..." Statute: Colo. Rev. Stat. Ann. § 5-2-212(1) (West) Discounts for Cash Payments are allowed in Colorado "Discounts offered to induce payment by cash, check or other means not involving credit card are not finance charges if offered to all prospective buyers and disclosed clearly and conspicuously in accordance with regulations." Statute: Colo. Rev. Stat. Ann. § 5-2-212(2) (West) Statutes cover: Credit Cards only Statute: (See Colo. Rev. Stat. Ann. § 5-1-301(16), (16.5), (24), (43) (West)).1 Colorado State Attorney General Connecticut ================= "No seller may impose a surcharge on a buyer who elects to use any method of payment, including, but not limited to, cash, check, credit card or electronic means..." Statute: Conn. Gen. Stat. Ann. § 42-133ff(a) (West) Statute: Id. at § 42-133ff(d). Statute covers: Credit & Debit No surcharges on travel agents "No provider of travel services may impose a surcharge on or reduce the commission paid to a travel agent who acts as an agent for such provider if the buyer uses a credit card to purchase such provider's travel services." Statute: Conn. Gen. Stat. Ann. § 42-133ff(e) (West) Statute does not define credit card to include debit card Connecticut State Attorney General Florida ================= "A seller...may not impose a surcharge on the buyer...for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller...accepts payment by credit card..." Statute: Fla. Stat. Ann. § 501.0117(1) (West) Discounts for Cash Payments are allowed in Florida Discounts offered to induce payment by cash, check or other means not involving a credit card allowed if offered to all prospective buyers. Statute: Fla. Stat. Ann. § 501.0117(1) (West) Statutes cover: Statute does not define credit card to include debit card Statute: Fla. Stat. Ann. § 501.011(1) (West) Florida State Attorney General " Kansas ================= "No seller...or any credit card issuer may impose a surcharge on a card holder who elects to use a credit card in lieu of payment by cash, check or similar means." Statute: Kan. Stat. Ann. § 16a-2-403 Discounts for Cash Payments are allowed in Kansas Attorney General's opinion interprets section 16a-2-403's predecessor statute to not prohibit discounts for payments made by cash, check or similar means. Statute: Kan. Op. Attorney Gen. 86-115, 1986 WL 238345 (1986) Statutes cover: Statutes do not define credit card to include debit card Statute: (See Kan. Stat. Ann. §§ 16a-1-301(18), (19)) Kansas State Attorney General Maine ================= "No seller...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: Maine Rev. Stat. Ann. tit. 9-A, § 8-303(2) (See also id. § 8-103 (definitions and rules of construction)) Discounts for Cash Payments are allowed in Maine Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: See Maine Rev. Stat. Ann. tit. 9-A, § 8-303(3) Statutes cover: Credit cards only Statute: (See Maine Rev. Stat. Ann. tit. 9-A, § 1-301(15), (16)).1 Maine State Attorney General Massachusetts ================= "No seller...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: Mass. Gen. Laws Ann. ch. 140D, § 28A(a)(2) (West) Discounts for Cash Payments are allowed in Massachusetts Discount offered to induce payment by cash, check or other means not involving a credit card not considered a finance charge if offered to all prospective buyers and disclosed clearly and conspicuously. Statute: Mass. Gen. Laws Ann. ch. 140D, § 28A(b) (West) Statutes cover: Credit cards only Statute: (Mass. Gen. Laws Ann. ch. 140D, § 1 (West)) Massachusetts State Attorney General New York ================= "No seller...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: N.Y. Gen. Bus. Law § 518 (McKinney) Statute covers: Credit cards only Statute: (N.Y. Gen. Bus. Law § 511(1)) New York State Attorney General Oklahoma ================= "No seller...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: Okla. Stat. Ann. tit. 14A, § 2-211, -417 (West) Discounts for Cash Payments are allowed in Oklahoma Discount offered to induce payment by cash, check or similar means not involving an open-end credit card not considered a credit service charge if offered to all prospective buyers clearly and conspicuously in accordance with regulations. Statutes cover: Credit cards only Statute: (See Okla. Stat. Ann. tit. 14A, § 1-301(7), (9), (19) Oklahoma State Attorney General Texas ================= "[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." Statute: Tex. Fin. Code Ann. § 339.001(a) (Vernon) Statute covers: Credit cards only Statute: Tex. Fin. Code Ann. § 301.002(a)(2),(9) Texas State Attorney General A number of years back I was accessed a CC surcharge at a gas station as I was traveling through one state. I questioned it with the CC company. At THAT TIME in THAT STATE I was told they can do it as long as they do it with ALL credit cards they honor. They couldn't selectively surcharge by card. Yet another example of govt at work. Who the hell cares if a business charges for one card but not another? Maybe one company charges that business more per sale then another. If you don't like it, what happened to just taking your business someplace else. Amazing, with all the problems the country has, they can waste time on non-issues like this. |
#16
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Adding Surcharges to Credit Card Purchases
On Wed, 23 Oct 2013 13:42:30 -0400, Nate Nagel
wrote: On 10/23/2013 01:14 PM, wrote: How do gas stations in NY get away with charging 10 cents more per gallon for using a credit card? All the "Valero" branded stations do this. Many Mobil stations are now doing it, and some Hess stations have also begun this practice. Must be they can call it a "cash discount" and that's good enough for the law. Frankly, it SHOULD be legal to impose a credit surcharge. It costs the merchant 3-5% of GROSS for the ability to accept credit cards. Credit surcharge would also make people think twice about buying things they can't afford. Rather than have it now they save the cash, and maybe by the time they've saved up they will realize they never needed it in the first place. Unfortunately that is bad for business in general. Using a credit card gives the consumer some protections that you don't have with cash or debit card however. Unless the debit card is processed through the credit card system (Visa or MC). If you use the PIN, any protection you may have is up to your bank. Of course cash has certain protections that the others don't have, too. ;-) |
#17
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Adding Surcharges to Credit Card Purchases
On Wed, 23 Oct 2013 14:17:06 -0400, Ed Pawlowski wrote:
On 10/23/2013 1:14 PM, wrote: How do gas stations in NY get away with charging 10 cents more per gallon for using a credit card? All the "Valero" branded stations do this. Many Mobil stations are now doing it, and some Hess stations have also begun this practice. Must be they can call it a "cash discount" and that's good enough for the law. Frankly, it SHOULD be legal to impose a credit surcharge. It costs the merchant 3-5% of GROSS for the ability to accept credit cards. Credit surcharge would also make people think twice about buying things they can't afford. Rather than have it now they save the cash, and maybe by the time they've saved up they will realize they never needed it in the first place. Unfortunately that is bad for business in general. I don't have a problem with charges. I want to pay cash and keep the money in my pocket. It you want to use a middle man service for your finances, you should pay for it. That's up to the seller. You have the choice of buying somewhere cheaper or not at all, of course. Note that there are advantages for the seller, too. Shoe store I buy from offers 5% discount for cash. Recently, I made purchases in excess of $1000 from two local merchants. I offered them my debit card or a check. They chose the check. Did someone here have an issue with that? I know a restaurant that would rather take an out-of-state check than a credit card. Odd, but the owner said he'd never been stiffed so it was a good deal. |
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Adding Surcharges to Credit Card Purchases
On Wed, 23 Oct 2013 18:00:26 -0400, Stormin Mormon
wrote: On 10/23/2013 11:10 AM, Guv Bob wrote: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. In the land of the free, and the home of the brave, why does the government regulate every aspect of our lives and finances? Because they can. |
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Adding Surcharges to Credit Card Purchases
In article ,
Stormin Mormon wrote: On 10/23/2013 11:10 AM, Guv Bob wrote: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. In the land of the free, and the home of the brave, why does the government regulate every aspect of our lives and finances? It is not government directly regulating in this case. Without lobbying by the credit card industry, those states would never have passed these so-called "consumer protection" laws. These laws benefit the card companies, in effect making cash customers subsidize the card companies and their card holders. -- There are no stupid questions, but there are lots of stupid answers. Larry W. - Baltimore Maryland - lwasserm(a)sdf. lonestar. org |
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 1:42 PM, Nate Nagel wrote:
Using a credit card gives the consumer some protections that you don't have with cash or debit card however. My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. |
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Adding Surcharges to Credit Card Purchases
Larry W wrote:
In article , Stormin Mormon wrote: On 10/23/2013 11:10 AM, Guv Bob wrote: This is a result from my recent dealing with a plumber who tried to add a service charge for my paying by credit card. I didn't tell him that has been illegal in this state for as long as I can remember. In the land of the free, and the home of the brave, why does the government regulate every aspect of our lives and finances? It is not government directly regulating in this case. Without lobbying by the credit card industry, those states would never have passed these so-called "consumer protection" laws. These laws benefit the card companies, in effect making cash customers subsidize the card companies and their card holders. Hi, Up here there is no more surcharge on card use at retailers. Some did and some didn't in the past. I avoided ones who surcharged. In some cases cash is useless. Cash is not welcome. And also we abolished pennies in cash x-action. On credit card or debit, we count pennies yet. After retiring from our professional career, we have been running health food stores to keep us busy. Now personal check almost extinct. Mostly they use debit cards and Visa, MC in that order. We don't accept Amex, the service charge is a killer. We pay all our suppliers with credit card. No one surcharges. We collect points. |
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 8:43 PM, Ed Pawlowski wrote:
On 10/23/2013 1:42 PM, Nate Nagel wrote: Using a credit card gives the consumer some protections that you don't have with cash or debit card however. My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. That's a vendor feature then; it's not written into law and they can back out any time they choose by modifying the agreement. I've not seen that offered on debit. Often also they lock accounts for over the withdrawal amount on larger purchases to prevent a second relatively soon use from exceeding a daily limit. I've got one that's AC/DC but I never use the debit side -- there's no advantage at all and several disadvantages to me. -- |
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Adding Surcharges to Credit Card Purchases
On Wed, 23 Oct 2013 21:43:52 -0400, Ed Pawlowski wrote:
On 10/23/2013 1:42 PM, Nate Nagel wrote: Using a credit card gives the consumer some protections that you don't have with cash or debit card however. My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. Only if you use it as a credit card. In this case, MC backs it, since it's being cleared through their network. If you use it as an ATM card (enter the PIN), you lose those protections because it isn't being cleared through MC, rather your bank's (and their affiliates) ATM network(s). |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 01:23 PM, wrote:
On Wed, 23 Oct 2013 21:43:52 -0400, Ed Pawlowski wrote: On 10/23/2013 1:42 PM, Nate Nagel wrote: Using a credit card gives the consumer some protections that you don't have with cash or debit card however. My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. Only if you use it as a credit card. In this case, MC backs it, since it's being cleared through their network. If you use it as an ATM card (enter the PIN), you lose those protections because it isn't being cleared through MC, rather your bank's (and their affiliates) ATM network(s). Right. And it's cheaper for the merchant I believe if you run it as debit, but not as credit. (IIRC; I'm not entirely certain of that.) nate -- replace "roosters" with "cox" to reply. http://members.cox.net/njnagel |
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Adding Surcharges to Credit Card Purchases
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 1:06 PM, Ed Pawlowski wrote:
On 10/24/2013 1:23 PM, wrote: My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. Only if you use it as a credit card. In this case, MC backs it, since it's being cleared through their network. If you use it as an ATM card (enter the PIN), you lose those protections because it isn't being cleared through MC, rather your bank's (and their affiliates) ATM network(s). Nope, I can use it as a debit card and pin and get the same deal. Info came in the mail recently and also in with my bank statement. Don't know how others work, but that is what came from Peoples Bank. Check carefully about the fraud provisions or loss coverage, etc., ... If they match the Federal on the $50 max loss, etc., I'd be quite surprised and it will, as noted, be a case of the issuer stepping up to the plate as a marketing ploy and can go away any time as it isn't mandated by law as is the credit card side. The warranty and other features I'm not surprised about; many do that. The key point is the loss limitations, though, and I'd suggest reading the fine print _very_ carefully before you assume too much. -- |
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Adding Surcharges to Credit Card Purchases
On 10/23/2013 12:14 PM, wrote:
[snip] Credit surcharge would also make people think twice about buying things they can't afford. Rather than have it now they save the cash, and maybe by the time they've saved up they will realize they never needed it in the first place. Unfortunately that is bad for business in general. People should avoid spending money they don't have. Credit cards don't change that. -- 62 days until The winter celebration (Wed 25 Dec, 2013 12:00:00 AM for 1 day). Mark Lloyd http://notstupid.us "Exploring the universe through meditation is like studying human relationships through masturbation." |
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Adding Surcharges to Credit Card Purchases
"Larry W" wrote in message news:l49sl4
stuff snipped It is not government directly regulating in this case. Without lobbying by the credit card industry, those states would never have passed these so-called "consumer protection" laws. These laws benefit the card companies, in effect making cash customers subsidize the card companies and their card holders. http://en.wikipedia.org/wiki/Marquet...a_Service_Corp. Bingo! Same thing with state usury laws. The banks lobbied for and got exemptions from laws that stood between them and profits. In many cases, the lobbyists even wrote the proposed legistlation they wanted passed, word for word. Credit card companies got a lot of exemptions passed early on to promote the use of credit cards. Guess what? Those "promotional exemptions" never disappeared, even when the credit card companies no longer had to worry about the idea of credit cards taking off. http://en.wikipedia.org/wiki/Marquet...a_Service_Corp. The case has been called one of the most important of the late 20th century, since it freed nationally chartered banks to offer credit cards to anyone in the U.S. they deemed qualified, and more specifically because it allowed them to export interest rates to states with stricter regulations, opening up a race to the bottom between U.S. states in an effort to attract lending institutions to set up shop in their states. Over the next decade, the states accelerated a process that had already begun of repealing or loosening their anti-usury laws, allowing state-chartered banks to compete more equally with national ones. As a result, the use of credit cards has vastly increased, and since the mortgage industry soon followed suit, the issuance of subprime mortgages also increased drastically, facilitating the housing bubble that led to the 2008 housing crisis.[1 -- Bobby G. |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 4:19 PM, Mark Lloyd wrote:
.... People should avoid spending money they don't have. Credit cards don't change that. +about 235... We've used CC since college days but have paid any interest only a half-dozen times when some unforeseen scheduling circumstance caused a payment to be late a day or so in the olden days when mail was the only manner by which to do business...I'd estimate in that 50 yr period total would be $100. It simply is far easier than carrying cash or writing individual checks at every establishment or gas station and gives a few days to weeks "float" on the side. That isn't of much value these days w/ 0-interest essentially, but in "normal" times that also added up... If it isn't on open account locally or w/ cc traveling or at places that don't have accounts, basically I don't do it 'cuz I've never got more than $40-50 in cash and generally far less than that and I don't carry the checkbook routinely... A half-dozen checks a month as opposed to a bunch is a no-brainer for me... -- |
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Adding Surcharges to Credit Card Purchases
On Thu, 24 Oct 2013 14:14:45 -0500, dpb wrote:
On 10/24/2013 1:06 PM, Ed Pawlowski wrote: On 10/24/2013 1:23 PM, wrote: My debit card has every feature that a credit card has Extended warranty. price protection, dispute resolution, etc. It has the MC logo. Only if you use it as a credit card. In this case, MC backs it, since it's being cleared through their network. If you use it as an ATM card (enter the PIN), you lose those protections because it isn't being cleared through MC, rather your bank's (and their affiliates) ATM network(s). Nope, I can use it as a debit card and pin and get the same deal. Info came in the mail recently and also in with my bank statement. Don't know how others work, but that is what came from Peoples Bank. Check carefully about the fraud provisions or loss coverage, etc., ... If they match the Federal on the $50 max loss, etc., I'd be quite surprised and it will, as noted, be a case of the issuer stepping up to the plate as a marketing ploy and can go away any time as it isn't mandated by law as is the credit card side. The warranty and other features I'm not surprised about; many do that. The key point is the loss limitations, though, and I'd suggest reading the fine print _very_ carefully before you assume too much. Exactly. I'd be very surprised if the bank was really stepping up to the plate. ...and will if the fit hits the shan. |
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Adding Surcharges to Credit Card Purchases
On Thu, 24 Oct 2013 16:40:15 -0500, dpb wrote:
On 10/24/2013 4:19 PM, Mark Lloyd wrote: ... People should avoid spending money they don't have. Credit cards don't change that. +about 235... We've used CC since college days but have paid any interest only a half-dozen times when some unforeseen scheduling circumstance caused a payment to be late a day or so in the olden days when mail was the only manner by which to do business...I'd estimate in that 50 yr period total would be $100. It simply is far easier than carrying cash or writing individual checks at every establishment or gas station and gives a few days to weeks "float" on the side. That isn't of much value these days w/ 0-interest essentially, but in "normal" times that also added up... If it isn't on open account locally or w/ cc traveling or at places that don't have accounts, basically I don't do it 'cuz I've never got more than $40-50 in cash and generally far less than that and I don't carry the checkbook routinely... A half-dozen checks a month as opposed to a bunch is a no-brainer for me... MOST places don't take personal checks any more - and extremely few will take an "out of town" check.. |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 3:14 PM, dpb wrote:
Nope, I can use it as a debit card and pin and get the same deal. Info came in the mail recently and also in with my bank statement. Don't know how others work, but that is what came from Peoples Bank. Check carefully about the fraud provisions or loss coverage, etc., ... If they match the Federal on the $50 max loss, etc., I'd be quite surprised and it will, as noted, be a case of the issuer stepping up to the plate as a marketing ploy and can go away any time as it isn't mandated by law as is the credit card side. The warranty and other features I'm not surprised about; many do that. The key point is the loss limitations, though, and I'd suggest reading the fine print _very_ carefully before you assume too much. -- Loss limit is $0. I had charges from my wife's card and the money was back in the account in 24 hours. |
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Adding Surcharges to Credit Card Purchases
On Thu, 24 Oct 2013 21:42:32 -0400, Ed Pawlowski wrote:
On 10/24/2013 8:46 PM, wrote: MOST places don't take personal checks any more - and extremely few will take an "out of town" check.. Some places will with an ID and they run it through a (pay for) service that guarantees the check. Not sure of the details. It is also possible for a merchant to electronically deposit your check virtually immediately so there is no longer any float. Quick as a debit card. Not done up here - Debit is king. I don't debit but my wife does occaisionally, and daughters regularly |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 10:07 PM, wrote:
On Thu, 24 Oct 2013 21:42:32 -0400, Ed Pawlowski wrote: On 10/24/2013 8:46 PM, wrote: MOST places don't take personal checks any more - and extremely few will take an "out of town" check.. Some places will with an ID and they run it through a (pay for) service that guarantees the check. Not sure of the details. It is also possible for a merchant to electronically deposit your check virtually immediately so there is no longer any float. Quick as a debit card. Not done up here - Debit is king. I don't debit but my wife does occaisionally, and daughters regularly There are places like Aldi which will not process credit cards you must use it as a debit card. ^_^ TDD |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 8:25 PM, Ed Pawlowski wrote:
On 10/24/2013 3:14 PM, dpb wrote: Nope, I can use it as a debit card and pin and get the same deal. Info came in the mail recently and also in with my bank statement. Don't know how others work, but that is what came from Peoples Bank. Check carefully about the fraud provisions or loss coverage, etc., ... If they match the Federal on the $50 max loss, etc., I'd be quite surprised and it will, as noted, be a case of the issuer stepping up to the plate as a marketing ploy and can go away any time as it isn't mandated by law as is the credit card side. The warranty and other features I'm not surprised about; many do that. The key point is the loss limitations, though, and I'd suggest reading the fine print _very_ carefully before you assume too much. .... Loss limit is $0. I had charges from my wife's card and the money was back in the account in 24 hours. Well, again, it's up to them. If they honored it that's _a_good_thing_ (tm) but it's not in the law and is quite unusual, indeed. -- |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 11:34 PM, The Daring Dufas wrote:
.... There are places like Aldi which will not process credit cards you must use it as a debit card. ^_^ .... In which case it stays on the shelf... -- |
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Adding Surcharges to Credit Card Purchases
On 10/24/2013 11:44 PM, dpb wrote:
On 10/24/2013 11:34 PM, The Daring Dufas wrote: ... There are places like Aldi which will not process credit cards you must use it as a debit card. ^_^ ... In which case it stays on the shelf... -- I happen to like Aldi and my Visa card works both ways so I've had to remember my pin number. My card works at the teller window at my bank and I don't have to write a check anymore to get cash at my bank. I do see a problem with becoming a cashless society. It would mean that the government could tell you that you must do something and if you refused, your money would be turned off. I now see that coming with health care. o_O TDD |
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Adding Surcharges to Credit Card Purchases
On Fri, 25 Oct 2013 00:31:31 -0500, The Daring Dufas
wrote: I do see a problem with becoming a cashless society. It would mean that the government could tell you that you must do something and if you refused, your money would be turned off. I now see that coming with health care. o_O TDD At the rate we are going, they can eliminate the fees on card and just take 3% of our income when direct deposited and GIVE it to the banks. I just don't like the idea they are getting a piece of everything we do. Sure, I use card for convenience at times, but try to use cash for anything under $100, more if I plan ahead to carry extra cash.. |
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