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Default 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







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Default 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.
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Default 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


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Default 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.


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Default 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


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Default 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


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Default 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?
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Default 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
..


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Default 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.
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Default 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



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Default 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

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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
..
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Default 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?
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Posts: 6,399
Default 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.


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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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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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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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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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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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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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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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"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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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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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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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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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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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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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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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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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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