Is It Legal To Charge A Credit Card Processing Fee?
This is a great question. With the ever-increasing cost of accepting credit cards, debit cards, and even prepaid cards, this question of is it legal to charge a credit card processing fee is being asked more frequently than ever.
Many business owners have just eaten these credit card fees and consider them just part of the cost of running a business. Now businesses are looking for new ways to cut costs because they are operating with very slim margins.
There are only a couple of ways to charge a processing fee. There are Surcharges, Convenience Fees, and Cash Discount (Service Fee) programs.
We are going to explain the different fee structures so that you as a business owner can make an informed decision.
This will allow you to see the types of fee structures as they appear on this site and others across the web.
So, Is It Legal To Charge A Credit Card Processing Fee?
Surcharges
Is it legal to charge a credit card processing fee, the answer is both yes and no. There are very strict rules when it comes to this subject.
Let’s take a minute and look at different Visa and Mastercard rules.
First, in 2013, The card-issuing banks decided that business owners would be allowed to add a credit card surcharge of up to 4 percent to all Visa and Mastercard Credit card purchases.
Any Visa Mastercard user can then be expected to pay up to 4 percent extra per credit card purchase.
Second, it is important to note that Debit transactions, as well as all Discover and American Express transactions, were excluded from the surcharge program.
It’s important to compare cards, like the Chase Sapphire Preferred card, and credit card issuers to find which card works best for you.
You can instantly see how this program is ineffective and will never get traction with businesses here in the United States.
Since the surcharge program has been released, many states including: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, and Texas have made card surcharges illegal in their states.
To further clear this up, it is important to understand that surcharges on all debit transactions are not permitted in any state.
A card issuer offers lower fees for excellent credit score and higher fees for bad credit scores. Financial institutions, as well as financial advisors, warn against bad credit scores because of the accompanying fees.
Building credit card debt will certainly decrease credit score and result in higher fees.
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Convenience Fees
Convenience Fees have been around for some time. This type of fee was introduced to help Mail order/ telephone order (MOTO) and eCommerce companies offset the additional fees because the card and the credit card network is not present in that type of transaction.
This equates to higher annual fees for these businesses than your typical face to face retail merchant.
The credit card convenience fees, however, are not permitted in face to face transactions and is illegal.
This is only an option for businesses that have their products appear and sell online, through catalogs or accept payments over the phone through an alternate payment channel.
Service Fees
Now, here is an example of how every merchant account or business owner in every state can charge a Service Fee on all transactions, both debit and credit.
By participating in a Cash Discount Program, a merchant will assess a Service Fee at the point-of-sale. You have probably seen this at a Gas Station. The cardholder can choose other payment methods, such as cash, and not be subject to the service fee.
The Service Fee is very clearly stated on the front door as well as the checkout counter. The total purchase amount then, will depend on which form of payment you choose.
It is important to note that the combination of the proprietary hardware/software solution makes it 100% compliant and also serves as the platform to seamlessly manage the cash discount program.
So to answer the question, “Is it legal to charge a credit card processing fee?” The answer is Yes when it is deployed in a very specific and compliant program.
This is currently the fastest-growing way of taking credit card payments and eliminating the fees.
Dual Payments delivers a proprietary, turnkey, compliant solution that can eliminate your card processing fees forever.
Service fees are everywhere. The average person pays a service fee nearly every day. For example, if you order a pizza and have it delivered, there is typically a delivery or service fee to have it delivered.
Another example would be loans. Most loans, like personal loans, student loans, or business loans have some sort of service fee attached to them.
Your personal bank account has a balance transfer fee and monthly service fees, whether it’s a savings account or a checking account.
Many pay online brokerages fees on their retirement accounts. Brokers with insurance companies charge a brokerage fee on life insurance.
Car insurers try to get the best brokerage fees they can. The airlines charge extra airline baggage fees. These are all forms of service fees and how they make fees legal.
Real World Examples
Here are some real-world examples of businesses of different types using the service fee program after asking themselves the question, is it legal to charge cards a credit card processing fee?
Real estate agents, upon selling a property, need to get commission somehow, which usually presents itself to the customer as an additional fee.
They were paying $900 per month in credit card processing fees to their credit card processors. After getting on the new program, they now pay $0 in credit card processing fees and they could not be any happier.
The best part is that their customers are happy to pay the small service fee so that they can continue to bring their car to a mechanic that they trust.
Most importantly the repair shop was able to keep their hourly repair rate at the same amount. This made the customers very happy.
Another example of a satisfied customer is a restaurant that we began working with 6 months ago. They were paying $650 per month in credit card processing fees.
Now after implementing the Cash Discount program, they pay $0 in credit card processing fees. Their customers understand that credit card payment processing is a major cost for retailers, and don’t mind paying just a little bit more to ensure that their favorite restaurant is able to keep their doors open.
For whatever reason, if they do not want to pay just a little bit more, they can always consider an alternate method of payment, like cash.
This very same restaurant referred us to a friend who owns a liquor store. This liquor store was paying over $2000 per month in credit card processing fees.
By adding the small service fee to each transaction, they will save over $24,000 over the next twelve months and bring their personal transaction fees down to $0.
Minimum Transaction Amounts
It is important to note that there is another way to offset credit card processing fees. You can set a minimum credit card transaction amount on all credit and debit card transactions.
This begs the question, is it legal to charge a credit card processing fee?
This is legal and allowed in all 50 states.
There is a good chance that you have seen this in businesses in your area.
A convenience store may have a $5 minimum purchase amount to use a credit or debit card as a form of payment.
This is a growing trend but does not lower the cost of your monthly card processing fees. It really only protects you from losing profit on small transactions.
This is legal and the law will not prohibit merchants from this method, but it is just not really effective in the big picture.
Is it Legal to Charge a Credit Card Processing Fee?
Is it legal to charge a credit card processing fee?
Yes.
There are three different ways to legally charge a processing fee; Surcharges, Convenience Fees, or Cash Discount (Service Fee) programs.
Business owners need to decide what is best for their business.
Service Fees are the fastest-growing program for legally charging the customer’s credit card a processing fee.
It is up to you as a business owner to decide whether or not to add a fee or surcharge to your card transactions.
At this point, as a business owner, you must accept credit cards in your business. With the right service fee partner, you can accept credit cards for free.
I caution you to take careful consideration when deciding on whether to add a service fee because, if it is not executed properly, then you could be leaving your business open to expensive chargebacks from things like cash back credit cards with very high rates.
Make sure that you partner with credit card companies that are compliant and gives you all to tools needed to run a successful and compliant program.
Free merchant services through a service fee program is a great way to eliminate hundreds and even thousands of dollars in fees every month.
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Example of High Risk Merchants
1-900 Phone companies – If you’re the type of company that charges people to have a chat on the phone, you’ll be considered high risk.
Adult Bookstores – Clearly a part of the adult entertainment industry, and an easy mark for the high risk tag.
Adult Entertainment – Any business labeled with the “adult” descriptor will automatically be assigned a high risk status.
Adult Toys – As “adult” is in the name, it’s an easy target for association with the adult entertainment market.
Airline Industry – Due to cancellations on high ticket purchases, this will put your airline company in the high risk category
Amazon Stores – By having a high rate of return, Amazon stores are seen as high risk.
Ammo Sales – Association with the weapons industry guarantees high risk status.
Annual Contracts – Any time an annual contract is involved it can be considered highrisk because most consumers forget they signed up and chance of chargeback can be high.
Antiques – With a high average ticket per item, antiques are considered a risky merchant type.
Astrology – The study of the celestial bodies and the influence on human affairs can be a chargeback target if customers feel like they aren’t getting the answers they want.
Auctions – Because of the nature of bidding on a product and not having a set price the risk level goes up.
Autographed Collectables – There is almost always a question as to whether an autograph is authentic, and therefore chargebacks are much higher in this industry.
Automotive Brokers – Brokers of automobiles have a very high average ticket are are therefore of higher risk.
Bankruptcy Attorneys – Since the people who are working with bankruptcy attorneys are usually in financial trouble, the odds that a payment would be charged back is higher.
Betting Services – In many states betting is illegal but for the legal states betting with a credit card has huge chargeback implications.
Brokering – When a third party is involved with selling a product the risk level goes up ten fold.
Business Loans (Merchant Cash Advances) – Loaning money is always risky, but with business loans and startup lending, high risk is present by the nature of the business.
Casino – Just like a betting service, if a customer gambles with their credit card the chargeback rate sky rockets.
CBD Products – CBD itself poses high chargebacks because of the legitimacy of the product and the health benefits promised.
CBD E commerce – CBD E Commerce has twice the charge back of retail CBD because many consumers don’t feel like the product they receive gives them the benefits promised.
Check Cashing (Check Processing) – The level of fraud in check cashing and cash advances is what gives this industry a higher risk consideration.
Cigarettes – With higher levels of risk for theft and criminal activity, cigarette sales are deemed high risk.
Collection Agencies (Collection Agency) – Many banks see collections as an unsustainable business model that is many times unreliable.
Collectible Coins – A higher level of chargeback in this industry gives it a high risk tag.
Collectible Currency – Due to the level of inauthentic collectibles, the risk of chargebacks are much higher with collectibles.
Copyrighted eBooks – When someone sells something copyrighted without permission many legal issues can arise.
Coupon Programs – With many coupon programs the coupons expire and once they expire the consumer wants the money back they spend.
Credit Counseling – Due to their clients usually being in financial problems, this industry is fraught with non-payment and fraud.
Credit Protection – Most people that need credit protection are bad with money so chargebacks abound.
Credit Repair – If a consumer needs credit repair then chances are they are a high risk for chargebacks.
Currency Sales – Many businesses that exchange currency do it at incorrect rates hence more chargebacks.
Dating Services – Dating is a volatile industry, and is also lumped in with the adult entertainment industry, making it a high risk account.
Debt Collection Services – As the collection of debt isn’t always possible, this industry retains the tag of risky.
Debt Consolidation Services (Debt Consolidators) – Consolidating debt is a challenging business and as debt is usually the problem, it’s seen as unsecure from a payment perspective.
Debt Repair Services – Since the clients of debt repair services are usually having financial challenges, it makes this industry seem a higher risk.
Discount Health Programs – Many people don’t feel they are really getting a discount so they try to get their money back and if they don’t the chargebacks sky rocket.
Discount Medical Care Programs – Just like the discount health programs if they don’t save the consumer wants their money back.
Drug Paraphernalia – Anything that is associated with the drug trade is considered high risk. Offshore merchant accounts are commonly used for this type of business.
E Commerce – As the source of the payment is unverifiable at the point of sale, any transaction without the card present has a higher risk of credit card fraud.
Ebay Stores – Many people sell items that aren’t as described so chargebacks can be an issue.
Electronic cigarettes – much like traditional cigarettes, e-cigarette sales are also deemed high risk.
Electronics – This industry has a much higher ticket compared with many other businesses. A chargeback for a $3,000 tv or two and your account can be in jeopardy rather quickly.
Escort Services – This is deemed a part of the adult entertainment industry and therefore needs a high risk merchant account and payment solution.
Event Ticket Brokers – If a customer buys a ticket and doesn’t use it they feel like they can charge the transaction back.
Extended Warranty Companies – Warranties are rarely used so people try to charge back the money that has been spent paying for them.
Federal Firearms License Dealers – Any organization associated with guns or firearms is automatically considered in this category.
Fantasy Sports Websites – Just like gambling, if a person starts to lose too often they try and charge back the transaction.
Finance Brokers – The entire financing industry is risky. By simply extending credit to other individuals, this business is betting that a majority of them will actually pay what they say they will.
Financial Advising/Consulting – The high risk tag on financial advisors isn’t about the advisors or their firm. It’s about the clientele and their current circumstances.
Financial Loan Modification Services – Due to a clientele in financial struggles, the high risk term is applied to any payments in this industry.
Financial Planning – Anything that includes risk for the consumer can have consumer implications with chargebacks.
Financial Strategy – Another risk and reward category, if money is lost, consumers try charging back making this a high risk industry.
Fortune Tellers – When a person doesn’t hear what they want to hear, or what is told doesn’t happen, the fortune teller can receive huge chargebacks.
Furniture Sellers – High risk only when its custom furniture.
Gambling – If money is lost the chargebacks rise.
Gaming – Chargeback levels skyrocket when consumers don’t win.
Get Rich Quick Programs – It’s rather common in this industry for an individual to purchase the training and then chargeback their purchase saying it didn’t deliver on what was promised.
Google Stores – With a high rate of return on their items, Google stores are considered high risk.
Gun Sales (Firearm Sales) – The gun and projectile industry is automatically associated with high risk credit card processing.
High Average Ticket Sales – With any high average ticket, just a couple of chargebacks can mean a massive shift in how risky the account is deemed by the processor.
Home/Vacation Rentals – Many issues with chargebacks can take place if the consumer decides not to travel.
Horoscopes – Many people believe this is hocum so will chargeback transactions.
How To Programs – A common practice in this industry is to purchase the program and charge it back with the description that it didn’t deliver what it promised.
Hypnotists – Many merchants will charge back these transactions if results they hoped for were not met.
Import/Export Business – Another example of taking goods over country borders which automatically brings in additional risk to any processing account.
Indirect Financial Consulting – When using a third party to consult, the high risk status gives the processor fraud protection.
International Cargo – Any time you introduce a multi-country element to credit card processing, the ability for fraud to be introduced skyrockets.
International Merchants operating in the US – Since the merchant isn’t operating from the United States, there are many unknowns about what is happening on the other side of their business, thus increasing the risk.
International Shipping – Transporting goods between countries is risky and introduces all sorts of elements to the financial stability of any transaction.
Investment Books – consumers get upset if the investor isn’t right which can lead to chargebacks.
Investment Firms – As investments are never a “sure thing” this is considered a risky industry for having a merchant account.
Investment Strategy – Anything with future promises can lead to chargeback.
Knife Sales – weapons of any kind are automatically given high risk status.
Kratom E Commerce – Accepting payments online is high risk, and Kratom is a substance in the health and wellness industry, which is also considered high risk.
Life Coaching – With no tangible goods involved in the transaction, life coaching is considered high risk.
Lingerie Businesses – Associated with the adult entertainment industry, chargebacks abound.
Lotteries – In most states you can buy lottery tickets with a credit card but if you’re allowed to and the ticket is not a winner, consumers try to chargeback the transactions.
Magazine Sales – Many magazine sales are recurring subscriptions, which can have issues with chargebacks.
Magazine Subscriptions – Same as magazine sales chargebacks can be huge when a recurring subscription happens. (often referred to as recurring billing.)
Mail Order Companies – When something is ordered through the mail chargeback risk can go up.
Marijuana Dispensaries – As marijuana isn’t a legal substance in every state, this is considered high risk due to the legality of the product. Cannabis credit card processing is available through Shift Processing.
Matchmaking Services – Another branch of the dating tree, and often associated with the adult entertainment industry.
Medical Devices – If a medical device doesn’t do what’s promised the purchaser may chargeback the transaction.
Membership Organizations – This is another instance of where the transactions don’t have any tangible product and are easily charged back to the merchant account.
Merchants on the MATCH list – If you are a merchant who has been reported to the MATCH list (Member Alert to Control High Risk Merchants) or the TMF (Terminated Merchant File) you are given high risk status.
Merchants with Poor Credit – Merchant accounts are given based on the credit score of the business owner. It’s assumed that the business owner is going to be making the financial decisions for the business, and a poor credit score reflects on the viability of any business transactions.
Modeling Agencies – At many agencies models are promised the world and it doesn’t happen. The consumer then wants their money back.
Movie Downloads – Transference of a digital product is considered of higher risk. Also, rarely is a physical card present at time of purchase.
Multilevel Marketing Sales – Often associated with pyramid schemes, MLM sales are considered a risky business.
Music Downloads – Purchasing any digital product is considered to be of higher risk than a physical transaction. Most of the time the card is not present in a digital transaction using a shopping cart.
Not A US Citizen Doing Business In The US – It’s possible to get a merchant account without a US social security number, but not having a SSN will increase the risk the processor will have in issuing a merchant account for your business.
Online Adult Membership Sites – If you’re running a website that is adult themed and requires payment for access, this is a highly volatile account and definitely high risk.
Offshore Corporations (Offshore Merchants) – The international element is what gives the high risk tag when looking for domestic merchant accounts.
Online Gambling (Online Gaming) – Without a card being present and gambling as the activity, there are two reasons why this would be on this list. Online payment alone is risky even without the gambling element.
Overseas Exporting Services – The introduction of the international element is what gains access to this list.
Pawn Shops – There’s a general stigma that goes along with pawn shops, and it’s reflected in their assignment to the high risk processors list.
Penny Auction Sites – Even though the customers are usually bidding at only a penny more per bid, users will commonly charge back the transaction when they don’t win.
Pepper Spray – Considered a type of weapon, pepper spray vendors are considered risky.
Points Programs – Points programs that cost money can cause chargeback issues if points are not used.
Pornographic Merchants – If you’re a part of the adult entertainment industry in any way, you’re considered high risk.
Precious Metals – Counterfeit metals can be a problem in this industry, making it more risky to accept payments for.
Prepaid Calling Cards – Anything prepaid that a consumer may not use increases chargeback issues.
Prepaid Debit Cards – When they expire or are lost consumers want their money back.
Psychic Services – “Honey, did you visit a psychic? No babe, I don’t remember visiting a psychic.” I’ll just reverse that charge then.
Real Estate – A common target for scams and identity theft is how real estate makes this list.
Replica Products (Watches, Handbags, Wallets, Sunglasses, Etc…) – As the product being sold isn’t authentic to the original manufacturer, the percentage of requests for refund is much higher than a traditional merchant.
Rewards Programs – If rewards are not spent, the consumer wants the money back.
Self-Defense – Since the payment provided is for instruction and not a physical product, the self-defense industry makes this list.
Self-Hypnosis Services – Yet another instance where the goods being transferred are of a service and not a physical product.
SEO Services – With a high rate of request for refund, SEO agencies make this list.
Social Networking Sites – Just like a dating site, if a consumer does not get what they want from it, they always like to chargeback.
Software Downloads – The software industry makes their way on to this list because of the digital nature of the goods being sold.
Sports Forecasting – An example of paying for information and not for a product, and usually not in person where the card would be present for the transaction.
Startups – Every startup is considered risky, and the percentage of startups that make it is quite small compared to the number that fail.
Student Loans – With the cost of a college education continually on the rise, so is the percentage of loans that default and never receive payment.
Strip Clubs – Associated with the adult entertainment industry gains the strip club access to this list.
Stun Gun Sales – considered a type of weapon, which makes it a high risk merchant.
Supplement Sales – The request for refund in this industry is quite high due to the nature of the product.
Sweepstakes – “Hey, I entered a sweepstake and I didn’t win. I’d like my money back please.”
Talent Agencies – “I paid thousands of dollars for headshots and glamorous outfits and I haven’t gotten any paid gigs. Pay me back my money please.”
Telemarketing Services – Telemarketing services many times do not have the results the purchaser would like to see, so the services are charged back.
Telephone Order Sales – Anything ordered over the phone has a increased risk of chargeback.
Timeshare Companies – When timeshares aren’t used, people want their money back.
Travel Agencies – If trips are not taken, consumers would like their funds returned.
Travel Clubs – Many travel club discounts aren’t what they were promised, increasing risk for chargebacks.
Vacation Rental Brokers – Third party brokers on prepaid vacation can have issues when customers cancel their trips.
Vape Shops – The level of criminal activity and theft is higher with vape shop merchants and therefore carries a high risk label.
Vitamin Sales – If the vitamins don’t provide the results the merchant would like to see they chargeback the transactions.
Web Designer – Because this service is prone to chargebacks, it has been classified as high risk.
Weight Loss – Considered risky because the results aren’t really up to the company, but rather the individual has to stick to the plan to get results, often resulting in chargebacks.
Yahoo Stores – Since the goods sold through Yahoo can easily be returned, they are considered a risky merchant.
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