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Message
Business adds 3% to bill for using credit card
Posted on 9/8/12 at 12:58 pm
Posted on 9/8/12 at 12:58 pm
In Texas, it's against the law. You can offer a cash discount, but can't add to a transaction for using a credit card charge for a retail transaction. The state and any government/educational entity can, though.
My marina sent me a new contract. They have a line saying if I want to pay by credit card there is a 3% "convenience fee". Do I fight it? Do I register a formal complaint with the state attorney general's office?
My marina sent me a new contract. They have a line saying if I want to pay by credit card there is a 3% "convenience fee". Do I fight it? Do I register a formal complaint with the state attorney general's office?
8
Posted on 9/8/12 at 1:03 pm to HubbaBubba
is it worth ruining your relationship with the marina?
Posted on 9/8/12 at 1:06 pm to TortiousTiger
The marina screws everybody at every turn. Nobody "likes" the marina management,everybody dislikes the management, so who cares.
Posted on 9/8/12 at 1:13 pm to HubbaBubba
Don't know about the law, but it's definitely a violation of the merchant's agreement with the credit card company. I'd complain to Visa or American Express and let them handle it. The fewer dealings I have with the legal machinery of government the better I like it.
Posted on 9/8/12 at 1:13 pm to HubbaBubba
quote:
In Texas, it's against the law
The passport office charges $5 for using a credit card in Houston.
Posted on 9/8/12 at 1:15 pm to HubbaBubba
If they kick your boat out from the marina do you have other options?
Posted on 9/8/12 at 1:22 pm to C
quote:
The passport office charges $5 for using a credit card in Houston.
The government is allowed, but from Visa's own web site:
VISA (source: Card Acceptance Guidelines for VISA Merchants)
For merchant who offer an alternative payment channel (i.e., mail, telephone, or e-commerce) for customers to pay for goods or services, a convenience fee may be added to the transaction amount. If the merchant chooses to asses a convenience fee to its customers, the merchant must adhere to the following rules:
• The fee is being charged for a bona fide convenience of using an alternate payment channel outside of the merchant's normal business practice
• The Fee:
o Must be disclosed to customers as a charge for alternate payment channel convenience
o Is applied only to non face-to-face transactions
o Must be a flat or fixed amount regardless of the amount of payment due
o Is included as part of the total transaction
o Cannot be added to recurring transactions
So this fails to meet Visa's own requirements. It is a percentage being charged, it is a recurring, monthly transaction, and it's being added to the total transaction.
Even MasterCard says:
quote:
A Merchant must not directly or indirectly require any Cardholder to pay a surcharge or any part of any Merchant discount or any contemporaneous finance charge in connection with a Transaction. A Merchant may provide a discount to its customers for cash payments. A Merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used
Texas law is from the Texas Finance Code, Title 4, Subtitle A, Chapter 339, Section 339.001; Imposition of Surcharges for Use of Credit Card:
quote:
IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD. (a) In a sale of goods or services, 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.
Posted on 9/8/12 at 1:23 pm to wickowick
quote:Yes... a lawsuit. We've paid for improvement to our slip and have met every requirement and payment on time.
If they kick your boat out from the marina do you have other options?
Posted on 9/8/12 at 1:26 pm to HubbaBubba
which marina in texas is it?
Posted on 9/8/12 at 1:26 pm to kaaj24
Pier 121 in Dallas
Posted on 9/8/12 at 1:31 pm to HubbaBubba
quote:I honestly don't think you are going to get anywhere with this. You are right that they shouldn't be doing this, both policy-wise and legally, but I see it so widespread now that I think it's just accepted. People drive over the speed limit, people sneak liquor into football games, etc. Some laws have just become acceptable to fudge, and I think this is one of them. Not saying it's how it should be, I just think that's how it is.
Do I fight it? Do I register a formal complaint with the state attorney general's office?
Posted on 9/8/12 at 3:30 pm to HubbaBubba
(no message)
This post was edited on 1/12/13 at 9:22 pm
Posted on 9/8/12 at 10:23 pm to HubbaBubba
I would actually call the credit card companies that the marina takes... Let them do the dirty work 
Posted on 9/9/12 at 1:07 am to Maniac979
quote:Might do that. Luv that avatar!
There is a complaint form you can fill out on the AG's website. It may take a month of Sundays or more but the AG will take action.
Posted on 9/9/12 at 3:35 am to HubbaBubba
Since you have a boat and I want to go fishing, can we work something out?
Keep up the good fight.
Keep up the good fight.
Posted on 9/9/12 at 10:13 am to HubbaBubba
I don`t really have an answer,but I do have a question. Credit card charges are are just like any other cost involved in running a business. No different than the water,or electric bill. The company should figure the cost of running the marina and charge accordingly. Just the way I see it.
Posted on 9/9/12 at 11:31 am to TIGER2
quote:
I don`t really have an answer,but I do have a question. Credit card charges are are just like any other cost involved in running a business. No different than the water,or electric bill. The company should figure the cost of running the marina and charge accordingly. Just the way I see it.
Agree. Marina should send out a statement... "In lieu of the recent complaints about the 3% CC processing fee, effective immediately all slip rentals are increased $5/month and gas increased $.10/gallon. If you don't like these price increases, feel free to dig you own lake. -The Management"
Posted on 9/9/12 at 12:04 pm to C
quote:
The state and any government/educational entity can, though.
quote:
The passport office charges $5 for using a credit card in Houston
o rly?
Posted on 9/9/12 at 4:09 pm to BACONisMEATcandy
quote:
I would actually call the credit card companies that the marina takes... Let them do the dirty work
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