Credit and debit card surcharges are now illegal, but you might still have to pay (2024)

It's now illegal to charge an additional fee for paying by credit or debit card, but some companies havealready found a way to keep charging customers.

Credit and debit card surcharges are now illegal, but you might still have to pay (1)

The ban on credit and debit card charges officially comes into effect today, but one company appears to have snuck in its own way to keep charging you that extra 50p.

Prior to being made illegal, the law limited credit and debit card charges to whatever it cost the retailer to process a card payment. No profits were allowed on these surcharges.

The fee was usually around the 2% mark, but could reach much as 20% on smaller transactions. Small as they may seem, the Treasury estimates that in 2010 alone the British public spent £473 million on these surcharges!

Good news, then, as it's now illegal to place surcharges on the usage of any debit or credit card, including American Express and other linked ways of paying, such as PayPal and Apple Pay.

The new laws have come about thanks to an EU directive, and they affect any UK company that's selling to UK customers. As they've been written into UK law, Brexit isn't likely to have any effect.

How will the ban on credit and debit card charges affect you?

Credit and debit card surcharges are now illegal, but you might still have to pay (2)

People who campaigned for the change argue that banning credit and debit card charges will help consumers to get a better deal.

These surcharges were seemingly everywhere, and for that reason you might not realise just how much you could end up saving now that they've been banned. Here are some of the major names who, up until today, charged an additional fee for paying by credit or debit card:

  • British Airways(1%, with a maximum fee of £20)
  • The DVLA (£2.50)
  • Ealing Council (2.5% on council tax payments)
  • Easyjet(1%)
  • Just Eat(50p per order– but more on them later...)
  • Ryanair(2%)
  • Sky TV(30p per month)

These are just a handful of the companies who previously imposed the surcharges, but really, the biggest savings will be on the most expensive purchases. As the fee was often a flat rate of 2%, you'd have felt it a lot more when shelling out for a car or an expensive holiday!

How one company has already replaced the surcharge

Credit and debit card surcharges are now illegal, but you might still have to pay (3)

When the ban was first announced back in July, some people expressed concerns that businesses would just up their prices to make up for the fact that they'd be missing out on the surcharges.

We're yet to see any evidence of this (although it's still early days), but some more sneaky tactics have been spotted. Just days before the ban came into place, student-staple Just Eat conveniently implemented a new 50p 'service charge'.

Perhaps the most striking thing about this move is that the new charge doesn't just affect customers paying by card–it affects everyone. This means that, unlike under the previous legislation that prevented companies from making a profit in this way, there's every chance that Just Eat could be quids in from the charge.

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It also means that customers who usually pay by cash will be negatively affected by the change, and will pay more per order than they used to.

In defence of the new policy, Just Eat had this to say:

The 50p charge simply means that along with our restaurant partners, we can continue to deliver the best possible takeaway experience, and applying the charge equally across the customer base ensures fairness for all.

What changes will other companies make?

Credit and debit card surcharges are now illegal, but you might still have to pay (4)

Banks usually charge large retailers between 10p and 20p for every debit card transaction, and 0.6% for credit cards. These costs will of course add up, and retailers will need to find a way to cover them.

There is also a chance that shops could start refusing card payments altogether, especially smaller retailers.

As yet, no company has come out and said that it will be increasing prices to make up for the loss of surcharges. That doesn't mean that they won't, but companies including Flybe and Premier Inn have announced that they won't be following Just Eat in introducing a new service charge.

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Some have argued that even if prices do rise as a result of banning credit and debit card charges, it would still be fairer than the old system as consumers would at least know the cost before they commit to buying.

Speaking in July when the changes were first announced, James Daley, managing director of Fairer Finance, said:

Maybe they will bump the price up. That’s fair game. You have to take customers’ money somehow. And it’s not reasonable to add that cost on at the end of the process. Why not put it in the headline price?

Aside from the threat of rising prices, there have also been questions over how the government will manage to enforce the changes.

Prior to the complete ban on debit and credit card fees, many businesses were guilty of breaching regulations by charging customers more than they pay the bank per transaction. Fingers crossed that now they're completely outlawed, companies charging the fees will stick out like a sore thumb!

It's also worth noting that these new laws don't affect a business' right to set a minimum card payment, so you'll still have to keep some change on you for those trips to the offie.

Don't let companies squeeze some extra pennies out of you– check out our guide to your consumer rights.

Credit and debit card surcharges are now illegal, but you might still have to pay (2024)

FAQs

Credit and debit card surcharges are now illegal, but you might still have to pay? ›

If you're wondering if it is legal to charge credit card fees, the short answer is yes in most states. The practice of surcharging was largely outlawed for several decades until 2013 when a class action lawsuit permitted merchants in several U.S. states to implement surcharges in their businesses.

Is it illegal to charge a surcharge on a debit card? ›

U.S. merchants cannot surcharge debit card or prepaid card purchases.

Are credit and debit card surcharges banned? ›

The Consumer Rights (Payment Surcharges) Regulations 2012 (amended by the Payment Services Regulations 2017) state that holiday and travel businesses are not permitted to impose surcharges for taking payment by a consumer debit or credit card, or an electronic payment service (this electronic payment service is usually ...

Is it illegal to make customers pay credit card fees? ›

In 1985, California passed a law (Civil Code section 1748.1) that prohibited merchants from adding a surcharge (an extra fee) when customers pay by credit card instead of cash.

What state does not allow surcharging? ›

As of this writing, Connecticut, Massachusetts, Maine, and Puerto Rico do not allow credit card surcharges and there are additional requirements and risks for surcharging in California, Colorado, Florida, Kansas, New York, Oklahoma, and Texas.

Why am I being charged a surcharge on my debit card? ›

A surcharge is an extra fee that you can pass on to customers to recover the cost of accepting card payments. The surcharge applies to payments made by credit or debit cards. You can't charge a customer more than it costs you to process the transaction.

How do I report a debit card surcharge? ›

To report merchants charging excessive payment card surcharges, or surcharging debit and prepaid card transactions, cardholders may visit: www.visa.com or www.mastercard.com and fill out a Merchant Violation form.

Can you refuse to pay a credit card charge? ›

You can often withhold payment—subject to the limits and conditions below—if you believe you shouldn't have to pay a certain credit card charge because the seller refuses to replace or repair an item, or otherwise refuses to correct a problem. (15 U.S.C. § 1661i and 12 C.F.R. § 1026.12(c).)

Can you pass debit card fees on to customers? ›

You aren't allowed to pass on debit card fees to customers, so you'll have to cover the cost yourself. However, processing costs for debit cards are much lower.

Can credit card companies force you to pay? ›

Credit card companies and debt collectors must first sue you and get a judgment before forcing you to pay the debt against your will. A judgment is the court's way of saying that yes, you owe the money the creditor claims you owe, and an employer or bank requires this proof before handing over your money.

What is the no surcharge rule? ›

Under the no-surcharge rule, the customer chooses the level of credit card transactions according to their [sic] own marginal costs and benefits. They [sic] ignore the marginal costs and benefits of credit card purchases to the merchant. Hence, no-surcharge rules substitute one mechanism for the other.

Can I charge a convenience fee for debit cards? ›

Consumer Ed says:

A merchant may charge a flat fee called a “convenience fee” to buyers who choose to use an electronic payment method (like a credit or debit card), but only if the merchant also provides a direct payment option by check, cash, or money order where no convenience fee is charged.

What is the fine for surcharging? ›

The payments processor, a unit of Priority Technology Holdings, told independent sales vendors that offer its services that their merchant clients who don't comply with Visa's surcharge rules could be fined between $50,000 and $1 million.

How much can a business charge for using a debit card? ›

While large banks that issue debit cards are not allowed to charge more than . 05% + $. 21, credit card rates can range up to over 3.5% per transaction.

Is the surcharge ban in California? ›

California law states that retailers cannot impose a surcharge on consumers who use a credit card instead of paying by cash or check. Retailers can, however, offer discounts to encourage consumers to pay by cash.

How can you avoid bank surcharges? ›

Here are some proven tips:
  1. Utilize free checking and savings accounts. Many banks still offer them.
  2. Sign up for direct deposit. ...
  3. Keep a minimum balance. ...
  4. Keep multiple accounts at your bank. ...
  5. Use only your bank's ATMs. ...
  6. Don't spend more money than you have. ...
  7. Sign Up for Email or Text Alerts.

Can someone charge your debit card? ›

Debit card fraud occurs when someone gains access to your debit card number—and, in some cases, personal identification number (PIN)—to make unauthorized purchases or withdraw cash from your account.

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