Talk of The Villages Florida - View Single Post - Credit card fee
Thread: Credit card fee
View Single Post
 
Old 09-06-2022, 08:27 AM
rsimpson rsimpson is offline
Senior Member
Join Date: Apr 2022
Posts: 115
Thanks: 279
Thanked 126 Times in 50 Posts
Default Merchant Agreements

Quote:
Originally Posted by retiredguy123 View Post
Interesting. The credit card fee seems to violate this Florida law.

Update: Although this Florida law is still current, a Federal court ruled that it is unconstitutional. So, it may be legal to charge the fee. Go figure.

Fla. Stat. §501.0117

(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. A convenience fee imposed upon a student or family paying tuition, fees, or other student account charges by credit card to a William L. Boyd, IV, Florida resident access grant eligible institution, as defined in §1009.89, or to a private school, as defined in §1002.01, is not considered to be a surcharge and is exempt from this section if the amount of the convenience fee does not exceed the total cost charged by the credit card company to the institution. The term “credit card” includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.

(2) A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.
In addition - Merchant Agreements between businesses and Card Processors PROHIBIT (or use to when I was on Commercial Banking) this fee practice. Many are now charging this fee, which is bogus.