Are there any consumer laws regarding the practice of surcharging?
In Hawaii, surcharging is a practice that has been subject to consumer protection laws. With the advent of increased credit and debit card usage, merchants have been allowed to impose a surcharge for customers who choose to use these payment methods. However, Hawaii has placed restrictions on these surcharges. For example, HRS Section 471-51 states that the surcharge cannot exceed 5% of the total purchase amount and cannot be added until after the card or its authorization have been verified. The 5% surcharge is the highest surcharge allowed. Additionally, merchants are required to prominently display the surcharge and any accompanying fees. Additionally, the state of Hawaii has implemented the Unfair and Deceptive Acts and Practices Act (UDAP) to protect consumers from unfair and deceptive practices. Under this law, it is illegal for a merchant to impose a surcharge for payment with a credit card or debit card that is greater than the price charged for cash payment. Finally, the Fair Credit Billing Act (FCBA) is another law that provides consumers with protections regarding surcharges. This law prohibits merchants from charging an excessive consumer fee for the use of a credit or debit card. Overall, there are numerous consumer protection laws that regulate the practice of surcharging in Hawaii. These laws are designed to protect consumers from unfair and deceptive practices and ensure that they are not charged additional fees for using credit or debit cards.
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