The U.S. Supreme Court has determined that a New York state law barring merchants from adding credit card surcharges is indeed a state regulation on businesses’ free expression. However, whether that law goes so far as to violate the First Amendment is a matter still to be decided. [More]
credit card surcharges
If you haven’t visited a Popeyes fast-food outlet lately, you may be in for a surprise the next time you stop by. Sometimes last year, some franchisees––we’re not sure how many–started to impose a 57-cent service fee on transactions over $5. Coincidentally, they also offer a 60-cent refund on all cash transactions. The net effect is that customers get a minuscule discount off the sticker price for paying cash, but have to pay a 57-cent fee to pay with plastic.
New York’s Attorney General, Andrew Cuomo, is warning consumers after an undercover investigation found that 25% of gas stations are engaging in “deceptive practices, including wrongfully surcharging credit card customers.” The AG says that under New York state law, retailers are not allowed to impose surcharges for using a credit card.