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Finally, there is a loophole in these state laws which allow you to offer a discount to customers who pay by cash or check.
Many gas stations, for example, already engage in this practice.
If another merchant strayed from making these clear disclosures, and instead misled or surprised customers, then they may face a legitimate enforcement of the California law.
To California merchants, we’re saying that, if your pricing plan matches what these plaintiffs are doing, then this decision is authoritative and controlling." Card X and other processors that offer automatic surcharging in states where permitted can now serve businesses in California.
As of early 2018, courts in the state of California have ruled that the ban on surcharges is unconstitutional as it places restrictions on business' speech.
Hawaii, Illinois, New Jersey, and Rhode Island all have legislation pending that will ban surcharging if passed.As you consider whether or not surcharging is right for your business, start by familiarizing yourself with some essential information — the difference between checkout fees (surcharges) and convenience fees, the states where surcharging is currently banned, and the procedures you must follow in order to start surcharging.Even before the Visa & Master Card settlement, businesses were allowed to charge their customers convenience fees for using credit cards in a very limited set of situations.The Supreme Court remanded the case to lower courts, who will review it specifically in terms of free speech.While California once prohibited surcharging, court challenges have called the ban into question.