Are there any consumer laws regarding the practice of surcharging?
In Texas, consumer laws regarding surcharging are regulated by the Texas Finance Code. These laws, which are designed to protect consumers from unfair and deceptive practices, state that it is illegal to add a surcharge to a credit or debit card transaction without the customer’s prior knowledge or consent. A surcharge is an additional fee, typically a percentage of the purchase price, that is added to the total cost to cover the merchant’s costs associated with accepting payment from the customer. Under Texas law, merchants who wish to add surcharges to credit and debit cards transactions must obtain the prior consent of the customer before the transaction takes place. This includes making the customer aware of the surcharge before they enter into the transaction. Merchants must also clearly indicate the surcharge amount on the customer’s receipt when the transaction is completed. In general, Texas law seeks to ensure that customers are aware of any surcharges and are not unfairly charged an amount greater than what they had agreed to pay. This helps protect customers from merchants who may falsely advertise their prices and then add a surcharge at the point of sale. It is important for consumers to be aware of the consumer laws regarding surcharging in their state before entering into any credit or debit card transaction.
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