General Discussion
In reply to the discussion: Kia Dealer Slipping A Credit Card Surcharge To Their Service Bills...... [View all]Ms. Toad
(38,830 posts)Before 2013, the prohibition on surcharges was by contract, not by law. In other words, if you wanted to accept credit cards in your business, you were required to sign a contract agreeing not to charge extra for people to use credit cards. If you imposed a surcharge, you would be taken to court not for breaking the law, but in a private action for breaching your contract. So the vast majority of time during which surcharges were prohibited (from the advent of credit card usage to 2013), in the vast majority of states (all states prior to 2013), it wasn't illegal - simply a breach of contract.
Those contract provisions were declared unenforceable based on a lawsuit in 2013.
It appears that since then, a few states have decided the credit card companies had it right and have enacted state laws. Whether those state laws are enforceable or not, I don't know. It would depend on the basis of the 2013 court decision.