June 14, 2023
Understanding Credit Card Transaction Fees: Can Merchants Legally Pass Them On to Customers?
In today’s digital age, credit cards have become a popular and convenient payment method for both consumers and businesses alike. However, the costs associated with processing credit card transactions can sometimes place a burden on merchants. As a result, some businesses have started to explore the practice of passing on these fees to customers. In this article, we’ll dive into the topic of credit card transaction fees and explore whether merchants can legally pass them on to their customers.

What are Credit Card Transaction Fees? Credit card transaction fees are charges imposed by payment processors or card networks (such as Visa, Mastercard, or American Express) to cover the costs of processing credit card payments. These fees typically include interchange fees, assessment fees, and any additional fees imposed by the payment processor.
Legal Landscape: The permissibility of passing on credit card transaction fees to customers varies depending on the jurisdiction. In some countries, like the United States, merchants are generally allowed to pass on these fees under certain conditions. However, it’s important to note that regulations can differ from state to state, and specific guidelines may be imposed by the card networks.
Disclosure and Transparency: One crucial aspect of passing on credit card transaction fees is the requirement for merchants to provide clear and transparent communication to customers. In most cases, merchants must disclose the fee amount and notify customers before the transaction is processed. This allows customers to make an informed decision regarding their payment method.
Alternative Payment Options: To comply with regulations and offer flexibility to customers, merchants are typically obligated to provide alternative payment methods that do not incur additional charges. This ensures that customers have the choice to use cash, debit cards, or other non-fee-based payment options if they prefer to avoid credit card transaction fees.
Benefits and Considerations: Merchants may choose to pass on credit card transaction fees to customers for various reasons. By doing so, they can offset the costs associated with processing credit card payments, which can ultimately help their bottom line. However, it’s essential for businesses to weigh the potential benefits against potential customer dissatisfaction or the risk of customers opting for alternative businesses that don’t impose such fees. More commonly as of today, merchants may opt to embed their product prices with the cost association of credit card fees in mind depending how much of their business is finalized with credit cards. This not only simplifies the transaction, but does not require the merchant to notify the customer of passing on the transaction fee.
The practice of merchants passing on credit card transaction fees to customers is a complex issue with legal and ethical considerations. While it may be permissible in certain jurisdictions, businesses must ensure compliance with applicable laws and regulations. Clear and transparent communication regarding fees and providing alternative payment options are key to maintaining positive customer relationships. As a consumer, it’s important to review your cardholder agreements and be aware of potential fees associated with credit card transactions.
Information pertaining to this may be found at: nmlegis.gov