Legal Question

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Date: 30 Dec 2008 19:48:14
From: Susan
Subject: Legal Question

I went to a store this afternoon to buy cleaner for my air filter. The
store carried Oreck products, but wasn't an Oreck brand store.

I pulled out my Oreck card and gave it to him - he said they didn't take
Oreck cards. No problem. I put the card away and went to pay with cash.
When he handed me the receipt he had handwritten on it $1.00 extra for using
a credit card. When he saw the cash he took off the extra dollar.

I asked how he got away with charging extra for credit card purchases and he
said "well I have to pay". I said no shit shirlock and left.

It this legal to charge extra?

If it matters there were NO signs up stating that as policy.

Date: 02 Jan 2009 09:34:01
From: eldo77
Subject: Re: Legal Question

I was in a MacDonald's on West Tropicana in Vegas a couple of years ago
and they had a hand printed sign on their credit card scanner stating a
surcharge [either $1 or $1.50] on credit card purchases.I had already
scanned my card before I read it so I paid but I didn't like it.

In 1981 I was buying a watch in Singapore and had haggled the price down
to $200. When I pulled out my credit card the guy welshed on the deal and
said it would be $250 if I used the card. I paid in cash. He explained
that it would take him over a month to get his money if he accepted the
card. This has probably changed now with the advent of the internet and
the internationalization of businesses.

eldo77

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Date: 01 Jan 2009 22:03:32
From: Joe Long
Subject: Re: Legal Question

Date: 31 Dec 2008 10:02:30
From: Kent Briggs
Subject: Re: Legal Question

Susan wrote:

> It this legal to charge extra?

It's not a matter of legality but of the rules of the credit card
companies. A merchant can offer a discount off the advertised price for
not using a credit card but they can't charge a premium over the
advertised price for using a credit card. If they try then you should
report them to both Visa and MasterCard.

--
Kent Briggs, kbriggs@spamcop.net
Briggs Softworks, http://www.briggsoft.com

Date: 31 Dec 2008 10:18:13
From: Susan
Subject: Re: Legal Question

"Kent Briggs" <kbriggs@spamcop.net > wrote in message
news:gjg52o$m4b$1@news.motzarella.org...
> Susan wrote:
>
>> It this legal to charge extra?
>
> It's not a matter of legality but of the rules of the credit card
> companies. A merchant can offer a discount off the advertised price for
> not using a credit card but they can't charge a premium over the
> advertised price for using a credit card. If they try then you should
> report them to both Visa and MasterCard.
>
> --
> Kent Briggs, kbriggs@spamcop.net
> Briggs Softworks, http://www.briggsoft.com

I have no intention of reporting them - struggling small business owner.
Being one myself, I know the problems.

I guess I'm wondering whether we should start doing it also.

Sounds like it wouldn't be a smart move though.

Date: 04 Jan 2009 20:35:04
From: Bill Clark
Subject: Re: Legal Question

"Susan" <sdbratt48@netscape.net > wrote in
news:fXM6l.67444$496.15949@newsfe13.iad:

> I have no intention of reporting them - struggling small business
> owner. Being one myself, I know the problems.
>
> I guess I'm wondering whether we should start doing it also.
>
> Sounds like it wouldn't be a smart move though.

Build the cc charge into the price and give a cash discount...

--
-bc-

Date: 31 Dec 2008 22:33:35
From: garycarson
Subject: Re: Legal Question

> "Kent Briggs" <kbriggs@spamcop.net> wrote in message
> news:gjg52o$m4b$1@news.motzarella.org...
> > Susan wrote:
> >
> >> It this legal to charge extra?
> >
> > It's not a matter of legality but of the rules of the credit card
> > companies. A merchant can offer a discount off the advertised price for
> > not using a credit card but they can't charge a premium over the
> > advertised price for using a credit card. If they try then you should
> > report them to both Visa and MasterCard.
> >
> > --

They did not violate any terms of an aggrement.

If they'd actually charged someone for using a visa or m/c then maybe.
But they didn't do that and didn't even think about doing it. They were
going to charge a surchage for an ORECK card until the remembered that
they don't accept ORECK cards. That does not violate a visa agreement.

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Date: 01 Jan 2009 10:26:26
From: Kent Briggs
Subject: Re: Legal Question

garycarson wrote:

> They were going to charge a surchage for an ORECK card until the
> remembered that they don't accept ORECK cards. That does not violate
> a visa agreement.

Of course, but the clear implication was that this merchant was charging
a fee for *any* credit card (including Visa/MC) transaction as a matter
of store policy.

--
Kent Briggs, kbriggs@spamcop.net
Briggs Softworks, http://www.briggsoft.com

Date: 01 Jan 2009 05:44:38
From: Susan
Subject: Re: Legal Question

"garycarson" <garycarson@alumni.northwestern.edu > wrote in message
news:vm4u26xg58.ln2@recgroups.com...
>> "Kent Briggs" <kbriggs@spamcop.net> wrote in message
>> news:gjg52o$m4b$1@news.motzarella.org...
>> > Susan wrote:
>> >
>> >> It this legal to charge extra?
>> >
>> > It's not a matter of legality but of the rules of the credit card
>> > companies. A merchant can offer a discount off the advertised price for
>> > not using a credit card but they can't charge a premium over the
>> > advertised price for using a credit card. If they try then you should
>> > report them to both Visa and MasterCard.
>> >
>> > --
>
> They did not violate any terms of an aggrement.
>
> If they'd actually charged someone for using a visa or m/c then maybe.
> But they didn't do that and didn't even think about doing it. They were
> going to charge a surchage for an ORECK card until the remembered that
> they don't accept ORECK cards. That does not violate a visa agreement.

No - I guess I didn't say it clear enough.

I only mentioned the Oreck card because when I pulled it out it was with
some other credit cards so he then made the assumption I would be paying
with a different credit card, instead of paying cash.

Date: 01 Jan 2009 06:08:03
From: garycarson
Subject: Re: Legal Question

On Jan 1 2009 6:44 AM, Susan wrote:

> "garycarson" <garycarson@alumni.northwestern.edu> wrote in message
> news:vm4u26xg58.ln2@recgroups.com...
> >> "Kent Briggs" <kbriggs@spamcop.net> wrote in message
> >> news:gjg52o$m4b$1@news.motzarella.org...
> >> > Susan wrote:
> >> >
> >> >> It this legal to charge extra?
> >> >
> >> > It's not a matter of legality but of the rules of the credit card
> >> > companies. A merchant can offer a discount off the advertised price for
> >> > not using a credit card but they can't charge a premium over the
> >> > advertised price for using a credit card. If they try then you should
> >> > report them to both Visa and MasterCard.
> >> >
> >> > --
> >
> > They did not violate any terms of an aggrement.
> >
> > If they'd actually charged someone for using a visa or m/c then maybe.
> > But they didn't do that and didn't even think about doing it. They were
> > going to charge a surchage for an ORECK card until the remembered that
> > they don't accept ORECK cards. That does not violate a visa agreement.
>
> No - I guess I didn't say it clear enough.
>
> I only mentioned the Oreck card because when I pulled it out it was with
> some other credit cards so he then made the assumption I would be paying
> with a different credit card, instead of paying cash.

So?

If he thought you were going to pay with AMEX how is that covered by hiis
agreement with Visa?

The fact is that he did not charge a premimum for credit card payment

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Date: 01 Jan 2009 10:30:25
From: Kent Briggs
Subject: Re: Legal Question

garycarson wrote:

> The fact is that he did not charge a premimum for credit card payment

You think he just singled out Susan for that one particular instance and
one particular card and never did it in the past?

--
Kent Briggs, kbriggs@spamcop.net
Briggs Softworks, http://www.briggsoft.com

Date: 01 Jan 2009 08:28:14
From: Susan
Subject: Re: Legal Question

"garycarson" <garycarson@alumni.northwestern.edu > wrote in message
news:3bvu26x1ba.ln2@recgroups.com...
> On Jan 1 2009 6:44 AM, Susan wrote:
>
>> "garycarson" <garycarson@alumni.northwestern.edu> wrote in message
>> news:vm4u26xg58.ln2@recgroups.com...
>> >> "Kent Briggs" <kbriggs@spamcop.net> wrote in message
>> >> news:gjg52o$m4b$1@news.motzarella.org...
>> >> > Susan wrote:
>> >> >
>> >> >> It this legal to charge extra?
>> >> >
>> >> > It's not a matter of legality but of the rules of the credit card
>> >> > companies. A merchant can offer a discount off the advertised price
>> >> > for
>> >> > not using a credit card but they can't charge a premium over the
>> >> > advertised price for using a credit card. If they try then you
>> >> > should
>> >> > report them to both Visa and MasterCard.
>> >> >
>> >> > --
>> >
>> > They did not violate any terms of an aggrement.
>> >
>> > If they'd actually charged someone for using a visa or m/c then maybe.
>> > But they didn't do that and didn't even think about doing it. They
>> > were
>> > going to charge a surchage for an ORECK card until the remembered that
>> > they don't accept ORECK cards. That does not violate a visa agreement.
>>
>> No - I guess I didn't say it clear enough.
>>
>> I only mentioned the Oreck card because when I pulled it out it was with
>> some other credit cards so he then made the assumption I would be paying
>> with a different credit card, instead of paying cash.
>
> So?
>
> If he thought you were going to pay with AMEX how is that covered by hiis
> agreement with Visa?
>
> The fact is that he did not charge a premimum for credit card payment

The fact is that he would have charged a premium had I chosen to use a
credit card and not caught it.

Date: 01 Jan 2009 14:26:05
From: garycarson
Subject: Re: Legal Question

On Jan 1 2009 9:28 AM, Susan wrote:

> "garycarson" <garycarson@alumni.northwestern.edu> wrote in message
> news:3bvu26x1ba.ln2@recgroups.com...
> > On Jan 1 2009 6:44 AM, Susan wrote:
> >
> >> "garycarson" <garycarson@alumni.northwestern.edu> wrote in message
> >> news:vm4u26xg58.ln2@recgroups.com...
> >> >> "Kent Briggs" <kbriggs@spamcop.net> wrote in message
> >> >> news:gjg52o$m4b$1@news.motzarella.org...
> >> >> > Susan wrote:
> >> >> >
> >> >> >> It this legal to charge extra?
> >> >> >
> >> >> > It's not a matter of legality but of the rules of the credit card
> >> >> > companies. A merchant can offer a discount off the advertised price
> >> >> > for
> >> >> > not using a credit card but they can't charge a premium over the
> >> >> > advertised price for using a credit card. If they try then you
> >> >> > should
> >> >> > report them to both Visa and MasterCard.
> >> >> >
> >> >> > --
> >> >
> >> > They did not violate any terms of an aggrement.
> >> >
> >> > If they'd actually charged someone for using a visa or m/c then maybe.
> >> > But they didn't do that and didn't even think about doing it. They
> >> > were
> >> > going to charge a surchage for an ORECK card until the remembered that
> >> > they don't accept ORECK cards. That does not violate a visa agreement.
> >>
> >> No - I guess I didn't say it clear enough.
> >>
> >> I only mentioned the Oreck card because when I pulled it out it was with
> >> some other credit cards so he then made the assumption I would be paying
> >> with a different credit card, instead of paying cash.
> >
> > So?
> >
> > If he thought you were going to pay with AMEX how is that covered by hiis
> > agreement with Visa?
> >
> > The fact is that he did not charge a premimum for credit card payment
>
> The fact is that he would have charged a premium had I chosen to use a
> credit card and not caught it.

Would have is not covered by the terms of his merchant agreement.

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Date: 31 Dec 2008 13:20:46
From: Kent Briggs
Subject: Re: Legal Question

Susan wrote:

> I have no intention of reporting them - struggling small business owner.
> Being one myself, I know the problems.
>
> I guess I'm wondering whether we should start doing it also.
>
> Sounds like it wouldn't be a smart move though.

It's a good way to lose your merchant account if you charge a fee over
the advertised price for using a credit card. But as I mentioned (unless
your merchant agreement says otherwise), you could give a discount under
the posted price for using cash. I noticed my local liquor store does that.

--
Kent Briggs, kbriggs@spamcop.net
Briggs Softworks, http://www.briggsoft.com

Date: 30 Dec 2008 20:13:19
From: johnny_t
Subject: Re: Legal Question

Susan wrote:
> I went to a store this afternoon to buy cleaner for my air filter. The
> store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. No problem. I put the card away and went to pay with cash.
> When he handed me the receipt he had handwritten on it $1.00 extra for using
> a credit card. When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and he
> said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.
>
>

It is not "illegal" to charge extra.

But according to agreements to accept cards they are not allowed to
charge cash discounts, or sometimes they are, but they are definitely
not allowed to charge a credit card premium.

It is usually a sign of a small business owner, that does not pay to
have his books done.

As soon as they grow into any size, they can both price and understand
their products better, and they also appreciate the credit card business
as a whole that actually worth what is charged.

If they are caught, they are given a warning and can lose their ability
to accept cards to that merchant account.

If you want to be a dork, turn them in.

But mostly, a good business person will eventually figure it out.

A bad business person won't stay in business.

Date: 30 Dec 2008 20:06:33
From: Scott/sjakma
Subject: Re: Legal Question

On Dec 30 2008 8:48 PM, Susan wrote:

> I went to a store this afternoon to buy cleaner for my air filter. The
> store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. No problem. I put the card away and went to pay with cash.
> When he handed me the receipt he had handwritten on it $1.00 extra for using
> a credit card. When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and he
> said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.

Susan,

They are violating the terms of his merchant agreement with the credit
card
company. Do a search on consumerist.com and you can get more details on
that site.

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Date: 30 Dec 2008 19:41:56
From: garycarson
Subject: Re: Legal Question

On Dec 30 2008 8:48 PM, Susan wrote:

> I went to a store this afternoon to buy cleaner for my air filter. The
> store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. No problem. I put the card away and went to pay with cash.
> When he handed me the receipt he had handwritten on it $1.00 extra for using
> a credit card. When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and he
> said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?

Yes.

It's Sherlock, Watson.

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Date: 31 Dec 2008 08:50:53
From: number6
Subject: Re: Legal Question

On Dec 31, 9:26=A0am, Bill Vanek <bilva...@invalid.com > wrote:
> On Tue, 30 Dec 2008 19:41:56 -0800, "garycarson"
>
> <garycar...@alumni.northwestern.edu> wrote:
> >On Dec 30 2008 8:48 PM, Susan wrote:
> >> =A0I said no shit shirlock and left.
> >It's Sherlock, Watson.
>
> Gary Carson pointing out spelling errors. Words fail me.

So Susan used the masculine form of the word rather than the feminine
form ... Gary got it wrong too ...
She meant no shit shislock ...

Date: 31 Dec 2008 06:26:38
From: Bill Vanek
Subject: Re: Legal Question

On Tue, 30 Dec 2008 19:41:56 -0800, "garycarson"
<garycarson@alumni.northwestern.edu > wrote:

>On Dec 30 2008 8:48 PM, Susan wrote:
>> I said no shit shirlock and left.

>It's Sherlock, Watson.

Gary Carson pointing out spelling errors. Words fail me.

Date: 30 Dec 2008 21:24:33
From: MZB
Subject: Re: Legal Question

An ORECK card??

An ORECK card?

Who the fuck has an ORECK card??!!!

They should charge you a stupidity tax.

Mel
"Susan" <sdbratt48@netscape.net > wrote in message
news:GbA6l.57973$sC4.16452@newsfe04.iad...
>I went to a store this afternoon to buy cleaner for my air filter. The
>store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. No problem. I put the card away and went to pay with cash.
> When he handed me the receipt he had handwritten on it $1.00 extra for
> using a credit card. When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and
> he said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.
>

Date: 31 Dec 2008 15:36:09
From: DELETETHIS
Subject: Re: Legal Question

Poker Stars and Full Tilt accepts ORECK credit cards or were you not
aware of that

MZB wrote:
> An ORECK card??
>
> An ORECK card?
>
> Who the fuck has an ORECK card??!!!
>
> They should charge you a stupidity tax.
>
> Mel
> "Susan" <sdbratt48@netscape.net> wrote in message
> news:GbA6l.57973$sC4.16452@newsfe04.iad...
>> I went to a store this afternoon to buy cleaner for my air filter. The
>> store carried Oreck products, but wasn't an Oreck brand store.
>>
>> I pulled out my Oreck card and gave it to him - he said they didn't take
>> Oreck cards. No problem. I put the card away and went to pay with cash.
>> When he handed me the receipt he had handwritten on it $1.00 extra for
>> using a credit card. When he saw the cash he took off the extra dollar.
>>
>> I asked how he got away with charging extra for credit card purchases and
>> he said "well I have to pay". I said no shit shirlock and left.
>>
>> It this legal to charge extra?
>>
>> If it matters there were NO signs up stating that as policy.
>>
>
>

Date: 31 Dec 2008 16:02:02
From: Susan
Subject: Re: Legal Question

"DELETETHIS" <"minus200(DELETETHIS)"@bellsouth.net > wrote in message
news:NvR6l.962$gE4.189@bignews5.bellsouth.net...
> Poker Stars and Full Tilt accepts ORECK credit cards or were you not aware
> of that
>

You guys are missing out some good deals by not applying for these store
credit cards. Not sure if it is still going on now, but Sears used to offer
33% off you purchase for just applying.

I have a friend whose credit is so bad he can't even get a capitalone card,
but gets all his jeans cheap.

Date: 30 Dec 2008 20:26:37
From: Susan
Subject: Re: Legal Question

"MZB" <moo@noway.prudigy.net > wrote in message
news:BJA6l.20700$em5.14618@newsfe22.iad...
> An ORECK card??
>
> An ORECK card?
>
> Who the fuck has an ORECK card??!!!

well I bought my vacuum at 0% interest, so it seemed OK to me.

Date: 30 Dec 2008 19:46:54
From: garycarson
Subject: Re: Legal Question

On Dec 30 2008 9:26 PM, Susan wrote:

> "MZB" <moo@noway.prudigy.net> wrote in message
> news:BJA6l.20700$em5.14618@newsfe22.iad...
> > An ORECK card??
> >
> > An ORECK card?
> >
> > Who the fuck has an ORECK card??!!!
>
> well I bought my vacuum at 0% interest, so it seemed OK to me.

LOL.

Susan: How much do you want for that $100 vacuum cleaner?

"Do you have a zero interest ORECK card?"

"Yes."

"$200".

Susan: "Sounds good to me".

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Date: 31 Dec 2008 04:46:54
From: Susan
Subject: Re: Legal Question

"garycarson" <garycarson@alumni.northwestern.edu > wrote in message
news:ei6r26x08t.ln2@recgroups.com...
> On Dec 30 2008 9:26 PM, Susan wrote:
>
>> "MZB" <moo@noway.prudigy.net> wrote in message
>> news:BJA6l.20700$em5.14618@newsfe22.iad...
>> > An ORECK card??
>> >
>> > An ORECK card?
>> >
>> > Who the fuck has an ORECK card??!!!
>>
>> well I bought my vacuum at 0% interest, so it seemed OK to me.
>
> LOL.
>
> Susan: How much do you want for that $100 vacuum cleaner?
>
> "Do you have a zero interest ORECK card?"
>
> "Yes."
>
> "$200".
>
> Susan: "Sounds good to me".

so not even close. Same price - I paid it off in 2 payments and got goodies
thrown in just for applying for card - refrigerator deoderizer and air
cleaner.

Date: 30 Dec 2008 23:56:16
From: Peg Smith
Subject: Re: Legal Question

On Tue, 30 Dec 2008 19:46:54 -0800, "garycarson"
<garycarson@alumni.northwestern.edu > wrote:

>> well I bought my vacuum at 0% interest, so it seemed OK to me.
>
>LOL.
>
>Susan: How much do you want for that $100 vacuum cleaner?
>
>"Do you have a zero interest ORECK card?"
>
>"Yes."
>
>"$200".
>
>Susan: "Sounds good to me".

Yeah, that's how my ex bought things. His computer cost him a fortune
a few years ago, but he got it because he could afford the payments --
not realizing that he was paying 23% interest for it. When I asked why
he didn't just save up for a few months and pay cash -- the guy was
always broke -- he looked at me like i was insane. He also thought
that "three for a dollar" meant he had to buy three to get the good
deal.

Man, I love being single. Falling for poverty-stricken idiots has
taken probably 10 years off of my life.

Peg

Date: 30 Dec 2008 20:56:11
From: bub
Subject: Re: Legal Question

On Tue, 30 Dec 2008 20:26:37 -0600, "Susan" <sdbratt48@netscape.net >
wrote:

>
>"MZB" <moo@noway.prudigy.net> wrote in message
>news:BJA6l.20700$em5.14618@newsfe22.iad...
>> An ORECK card??
>>
>> An ORECK card?
>>
>> Who the fuck has an ORECK card??!!!
>
>well I bought my vacuum at 0% interest, so it seemed OK to me.
>
>
vacuums suck

Date: 30 Dec 2008 19:01:49
From: XaQ Morphy
Subject: Re: Legal Question

On Dec 30 2008 8:26 PM, Susan wrote:

> well I bought my vacuum at 0% interest, so it seemed OK to me.

That sucks.

---
Morphy
xaqmorphy@donkeymanifesto.com
http://www.donkeymanifesto.com
"SHUT UP IDIOT" --The Great Patholio

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Date: 31 Dec 2008 11:38:39
From: John_Brian_K
Subject: Re: Legal Question

> That sucks.

lol

OMG!

THAT was just mean!

I use the little lol a bit, but this one actually got me like a Rodney
Dangerfield one liner.

Still mean though.

========================================
You must not think me necessarily foolish because I am facetious,
nor will I consider you necessarily wise because you are grave.
========
BOOM byae
John

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Date: 30 Dec 2008 18:17:24
From: number6
Subject: Re: Legal Question

On Dec 30, 8:48=A0pm, "Susan" <sdbrat...@netscape.net > wrote:
> I went to a store this afternoon to buy cleaner for my air filter. =A0The
> store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. =A0No problem. =A0I put the card away and went to pay with c=
ash.
> When he handed me the receipt he had handwritten on it $1.00 extra for us=
ing
> a credit card. =A0When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and=
he
> said "well I have to pay". =A0I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.

Just about every gas station around here has different credit/cash
prices ...

Date: 30 Dec 2008 18:18:22
From: MrBookworm
Subject: Re: Legal Question

> I asked how he got away with charging extra for credit card purchases and he
> said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.

If it was a smaller retail store (sounds like it was) then he is most
likely violating the terms of his merchant agreement with the credit card
company. The standard agreements of the CC companies don't allow a
surcharge or only allow a surcharge if it is the same for all cards
accepted by the merchant. So, a minimum or surcharge can be allowed if it
is consistently applied to all credit card purchases. I don't recall
whether a sign is required of merchants that do add a surcharge. Bigger
merchants or specific industries may have different terms beyond the
standard retail merchant agreement. For example, it is common for a car
dealer to accept plastic for small purchases (parts) but deny it for a
$25K auto. They don't want to pay the 2% to the CC company and also miss
out on the juicy fees they collect on financing.

That doesn't answer your question though. Can a store add a charge to your
bill without notifying you of it? It is most likely governed by the laws
of your state. My guess would be that the charge would be legal because
you are signing the purchase receipt and agreeing with the charge at that
time. Since you have been notified prior to completing the purchase I
would imagine the charge would be considered legal. You can always walk
from the counter if you don't agree with the price/terms being offered.

Dean

"First of all, I cannot see Bookworm's post in my newsreader. Probably
just as well, he annoys the fuck out of me anyway." PP - Dec 29, 2008

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Date: 31 Dec 2008 15:38:30
From: DELETETHIS
Subject: Re: Legal Question

very nice response except some states would require banking status to
collect that fee and no small merchant wants to get involved with that

MrBookworm wrote:
>> I asked how he got away with charging extra for credit card purchases and he
>> said "well I have to pay". I said no shit shirlock and left.
>>
>> It this legal to charge extra?
>>
>> If it matters there were NO signs up stating that as policy.
>
> If it was a smaller retail store (sounds like it was) then he is most
> likely violating the terms of his merchant agreement with the credit card
> company. The standard agreements of the CC companies don't allow a
> surcharge or only allow a surcharge if it is the same for all cards
> accepted by the merchant. So, a minimum or surcharge can be allowed if it
> is consistently applied to all credit card purchases. I don't recall
> whether a sign is required of merchants that do add a surcharge. Bigger
> merchants or specific industries may have different terms beyond the
> standard retail merchant agreement. For example, it is common for a car
> dealer to accept plastic for small purchases (parts) but deny it for a
> $25K auto. They don't want to pay the 2% to the CC company and also miss
> out on the juicy fees they collect on financing.
>
> That doesn't answer your question though. Can a store add a charge to your
> bill without notifying you of it? It is most likely governed by the laws
> of your state. My guess would be that the charge would be legal because
> you are signing the purchase receipt and agreeing with the charge at that
> time. Since you have been notified prior to completing the purchase I
> would imagine the charge would be considered legal. You can always walk
> from the counter if you don't agree with the price/terms being offered.
>
> Dean
>
> "First of all, I cannot see Bookworm's post in my newsreader. Probably
> just as well, he annoys the fuck out of me anyway." PP - Dec 29, 2008
>
> ____________________________________________________________________
> RecGroups : the community-oriented newsreader : www.recgroups.com
>
>

Date: 31 Dec 2008 15:59:54
From: Susan
Subject: Re: Legal Question

"DELETETHIS" <"minus200(DELETETHIS)"@bellsouth.net > wrote in message
news:_xR6l.963$gE4.185@bignews5.bellsouth.net...
> very nice response except some states would require banking status to
> collect that fee and no small merchant wants to get involved with that

wait - if his store or my pizzeria can obtain banking status wouldn't we
then be eligible for a bail out?

Date: 31 Dec 2008 23:13:29
From: DELETETHIS
Subject: Re: Legal Question

good plan

Susan wrote:
> "DELETETHIS" <"minus200(DELETETHIS)"@bellsouth.net> wrote in message
> news:_xR6l.963$gE4.185@bignews5.bellsouth.net...
>> very nice response except some states would require banking status to
>> collect that fee and no small merchant wants to get involved with that
>
> wait - if his store or my pizzeria can obtain banking status wouldn't we
> then be eligible for a bail out?
>
>

Date: 30 Dec 2008 18:08:23
From: Will_gamble
Subject: Re: Legal Question

On Dec 30 2008 7:48 PM, Susan wrote:

> I went to a store this afternoon to buy cleaner for my air filter. The
> store carried Oreck products, but wasn't an Oreck brand store.
>
> I pulled out my Oreck card and gave it to him - he said they didn't take
> Oreck cards. No problem. I put the card away and went to pay with cash.
> When he handed me the receipt he had handwritten on it $1.00 extra for using
> a credit card. When he saw the cash he took off the extra dollar.
>
> I asked how he got away with charging extra for credit card purchases and he
> said "well I have to pay". I said no shit shirlock and left.
>
> It this legal to charge extra?
>
> If it matters there were NO signs up stating that as policy.

I have been places where they tell you up front that it is an additional
3% for using a credit card. I am not sure where it was though. It might
have been in a gift shop in Jamaica which would make my answer
meaningless.

I would think is would be OK if they told you before you paid. I know
some gas stations were charging more for using credit cards because gas
was so high that the credit card charge was eating up their margin.

I have never heard of an Oreck card.

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Date: 30 Dec 2008 18:07:26
From: XaQ Morphy
Subject: Re: Legal Question

On Dec 30 2008 7:48 PM, Susan wrote:

> If it matters there were NO signs up stating that as policy.

Yeah but was there a sign indicating the bad beat jackpot was eligible
there?

---
Morphy
xaqmorphy@donkeymanifesto.com
http://www.donkeymanifesto.com
"SHUT UP IDIOT" --The Great Patholio

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