Can Florida merchants charge customers a surcharge for using a credit card?

As a small business owner, it is frustrating when customers use credit cards because the fee comes straight off your bottom line. These “swipe” or “interchange” fees, calculated as a percentage of the purchase, add up on travel cards that award high points for their use.

What is a credit card surcharge?

Surcharging is adding a fee to a credit card transaction to cover the credit card company’s processing cost charged to the business. Instead of the merchant absorbing this expense, the customer, using the credit card, pays for the processing costs that do not apply to other payment methods.

How is this different from a cash discount?

Cash discounting is when the customer receives a discount equivalent to the cost of credit card processing when paying with cash, check, or a debit card. You might have noticed this at your local convenience store when purchasing gas.

Are credit card surcharges legal?

Merchants in Florida may add a surcharge to credit card purchases, but some states still prohibit them. Florida Statute 501.0117 prohibits a seller or lessor from imposing a surcharge on transactions paid with a credit card, but federal courts held that law unconstitutional, so surcharges are allowed in Florida.

Can businesses charge whatever amount they want as a surcharge?

Major credit card companies have rules that limit the amount a merchant can add to a credit card purchase. A business is typically limited to charging no more than their actual cost for processing the credit card purchase.

Are businesses required to disclose credit card surcharges to their customers?

Merchants must disclose credit card surcharges before the purchase occurs. Most credit card companies require merchants to disclose credit card surcharges in online transactions, using a sign at the store’s entrance, at the cash register, and on the receipt. Undisclosed fees that constitute an unfair or deceptive trade practice are prohibited under Florida law.

Can businesses charge a surcharge on debit card transactions?

Restrictions under the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act deal specifically with debit transactions and limit imposing surcharges on prepaid or debit cards. This restriction even applies to transactions processed using “signature debit,” sometimes called “running a card as a credit card.” Click here for a link to the Florida Attorney General’s Consumer Protection page on this subject.