Refusing payment by credit card?!

Tazicket

<font color=blue>I routinely walk into 1 certain w
Joined
Mar 19, 2005
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Correct me if I'm wrong, but I seem to recall hearing Clark Howard say that it is illegal for a place of business to set a dollar limit for credit card purchases. DH and I just went to get ice cream and they told us (after we got our ice cream) that they would not accept credit cards for purchases less than $4 (we didn't have any cash on us- we pay for everything with the master card and then get cash back from them).

DH and I both recall hearing that it's illegal to refuse to accept payment like that and they're only doing it b/c they don't want to pay the fee to the card company for such a small purchase. If we're wrong, we'd like to know. However, if we're in the right, we would like to know who to report the business to.

Anybody have any ideas or thoughts?
 
Not illegal in terms of breaking the law but they are breaking their contract with the credit card companies. I would contact m/c, visa or whomever and let them know what happened and they will (sometimes) take it from there.
 
we would like to know who to report the business to.

I'd start by reporting them to Mastercard AND Visa.

They are usually VERY interested in such issues. But I'm not sure there is limit. I bet they won't be happy to hear you were refused using your card tho.

Knox
 
call the CC company. I don't know about refusing paymeny but I do know that they cannot charge you a fee if it's under a certain amount.
 

How did you end up paying for the ice cream? Just curious if they let you use your card since you had no cash. I had a deli do that once. Went in and got lunch for myself and a coworker and it came to like $6. Their minimum for a CC was $10, so I said ok, you can keep the subs, I have no cash. THey said "we'll make an exception this time". I knew they would!

Kimya
 
They refused to take our payment so we walked out. :( They would not run the card. We told them that they were violating the Master Card policy, and they were really rude when they expressed the degree to which they did not care.
 
I don't believe it is illegal. It is illegal to refuse cash as it is the recognized legal form of payment in the US. For everything else, all bets are off. Credit card companies charge the business gigantic fees per transaction so I can understand them having a min. purchase. It is a bad business decision and I personally wouldn't buy there, but alas, I understand their point. You can contact your credit card company but I don't think they will do anything. Plus the vendor could always say they refused your card for any number of reasons (lack of signature, no id, etc) and the burden of proof would be on you. I think that your better solution is to call the manager or perhaps owner and state your case. Let them know how this poor business decision has affected your relationship with them and maybe it will make a difference.
~kim
 
Something like this happened to me not too long ago: I was in a kitchen store, and I picked up just a few little things -- and I had no cash. My total was something like $7, and the cashier said that they couldn't use a charge card for less than $10.

I told her that I wouldn't be making the purchase because I had no cash. She acted like I'd done some horrible thing, and she pulled out the paperwork for a return (she'd rung it up before any mention was made of how I'd be paying). She told me that I'd HAVE TO fill out the paperwork for a return since it was already in the register, but I pointed out that I'd made no purchase -- indeed, I had been allowed to make no purchase -- and I certainly would not be hanging around filling out paperwork to make her job easier. She didn't have my name or my card, so I don't know why she thought I'd jump through hoops for her convenience after she'd had such a 'tude about the small purchase.

Come on, you can use a charge card at McDonalds to buy one Diet Coke!
 
Its considered a form of discrimination to put a minimum sale amount on credit cards. Thats why you can no longer put a fee on Cc payments either. You can do so with a check because a check is in theory a promissory note and not an actual direct payment while a credit card is. Visa and Mastercard prohibit it in their contracts that the vendor has signed.. Amex does not directly. An interesting little tidbit.. a merchant can charge one price and offer a discount for cash. Its a little loophole. I would not be surprised to see more companies go to this as credit card usage gets higher and higher.
That being said... as a business owner I have to ask if you are aware of the fees a business.. esp. a small business pays to take credits cards. It would not be uncommmon for a business to have to pay 50 cents per transaction plus a percentage anywhere from 1% to 4% depending on their sales. So.. for your $4 sale that ice cream parlor may be paying 58 cents give or take.. thats a huge chunk of their profit they may not be able to afford. They do not have to accept credit cards at all but do so as a service. Its a hard pill to swallow for many businesses but its almost a necessary evil. I understand that many people use their cards like cash to grow rebates and points but what really happens in the end is that retailers have to raise prices to cover these added expenses. My credit card fees alone last year were over $10000. Money to cover it has to come from some place...
So.. you are correct that its a no no but getting MC or Visa to do anything about it would be difficult. I know from talking to my rep that its kind of a feel good rule put in place to satisfy their card holders. If they enforced it actively they would need a whole team of people to do so and.. you guessed it.. rates would go up.. the balance of the world is upset.. not worth it to them.
Bottom line.. if it bothers you point out the policy to the manager of the store.. see where that gets you... or take $5 with you to get ice cream next time..
 
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Come on, you can use a charge card at McDonalds to buy one Diet Coke!

But the difference is that McD's probably makes about $1.20 on that $1.39 diet coke! They can afford to lose some of that to fees. I am guessing the markup at the kitchen store was not nearly that high... so taking the CC fee off cuts pretty deep on a small sale.
 
My credit card fees alone last year were over $10000. Money to cover it has to come from some place...

That's why I try to use my credit card as much as possible. I figure that most businesses have built-in the cost of credit card fees into their prices.

If I don't use my card to get my 1% of rewards back, I'm actually paying the built-in credit card fee anyway. Now, if a company offers me a 2% discount for using cash...then, it doesn't pay me to charge and get the 1% reward...I would then pay cash. I've only run into this once....when building my house, the septic company offered me a 2% discount for cash or check.

Speed :teleport:
 
Most of the stores in our area do the same thing. They have signs by the register that say "minimum purchase of 10.00 for charges". I usually use my debit card for little purchases like that, less hassle. :thumbsup2
 
I work for Visa in Canada and it is not illegal to refuse a CC for payment and honestly many many places will if it is under a certain dollar value due to the cost of the transaction the store or whatever pays to US or MC. I know places will also refuse debit transactions under x ammount of dollars. We have had calls regarding this and honestly they aren't doing anything wrong the store/restaurant has the power to take whatever form of payment they want.
 
Having worked for one of the largest credit card companies in the US, I can tell you it is against Visa/Mastercard policy and Visa/Mastercard can fine them.

I'm cutting and pasting from a website---


All of them explicitly prohibit requiring minimum credit card charges.

So then, you should be able to buy that pack of gum, or cup of joe with a credit card if you want to. And if a store makes you pay a minimum charge, you can often write them up.

What's a small business to do? Well, as Digg reader Steger suggests, they can raise the prices and offer cash customers a discount.

After the jump, a compendium of the rules, taken directly from the contracts the merchants signed with the credit card companies...

DISCOVER NETWORK

A. As per page four (4) of The "Merchant Operating Regulations," incorporated into the "Merchant Services Agreement" as Exhibit A, expressly prohibits the following merchant conduct:

3.0 GENERAL REQUIREMENTS

3.1 Surcharges
Unless otherwise agreed upon by us in writing, you may not impose any surcharge, levy or fee of any kind for any transaction where a Cardmember desires to use a Card for any purchase of goods and services.

3.6 Minimum/Maximum Dollar Limits and Other Limits
You may not require that any Cardmember make a minimum dollar purchase in order to use a Card and, other than when we have not authorized a Cardmember's transaction, you may not limit the maximum amount that a Cardmember may spend when using a Card.

3.7 Equal Treatment of Card Sales versus other Cards
You may not institute or adopt any practice that discriminates or provides unequal treatment for users of a Card versus any other card products that you accept.


MASTERCARD INTERNATIONAL INCORPORATED

A. As per pages two-twenty one (2-21) through two-twenty two (2-22) of the "Merchant Rules Manual," the following MasterCard Rules are imposed on merchant conduct:

9.11 Honor MasterCard Cards

9.11.1 Honor All MasterCard Cards
The merchant must honor all valid MasterCard cards without discrimination when properly presented for payment. The merchant must maintain a policy that does not discriminate amount customers seeking to make purchase with a MasterCard card. A merchant that does not deal with the public at large (for example, a private club) is considered to comply with this rule if it honors MasterCard cards of cardholders that have purchasing privileges with the merchant.

9.11.2 Cardholder Identification

A merchant must not refuse to complete a MasterCard card transaction solely because a cardholder who has complied with the conditions for presentment of a card at the POI refuses to provide additional identification information, except as specifically permitted or required by the Standards. [Note: The "Merchant Rules Manual" at page two-two (2-2) provides that "As used herein, Standards means the bylaws, rules and policies, and the operating regulations and procedures of the Corporation, as may be amended from time to time.] A merchant may require additional identification form the cardholder if the information is required to complete the transaction, such as for shipping purposes. A merchant in a county or region that supports use of the MasterCard Address Verification Service (AVS) may required the cardholder's ZIP or postal code to complete a cardholder-activated terminal (CAT) transaction, or the cardholder's address and ZIP or postal code to complete a mail order, phone order, or e-commerce transaction.

9.12 Prohibited Practices

9.12.1 Discrimination

A merchant must not engage in any acceptance practice that discriminates against or discourages the use of MasterCard cards in favor of any other acceptance brand.

9.12.2 Charges to Cardholders

A merchant must not directly or indirectly require any MasterCard cardholder to pay a surcharge or any part of any merchant discount or any contemporaneous finance charge in connection with a MasterCard card transaction. A merchant may provide a discount to its customers for cash payments. A merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the life) if the fee is imposed on all like transactions regardless of the form of payment used.

A surcharge is any fee charge in connection with a MasterCard transaction that is not charged if another payment method is used.

The merchant discount fee is the fee the merchant pays to its acquirer to acquire transactions.

9.12.3 Minimum/Maximum Transaction Amount Prohibited

A merchant must not require, or post signs indicating that it requires, a minimum or maximum transaction amount to accept a valid MasterCard card.

B. As per page two-nineteen (2-19) through two-twenty (2-20) of the "Merchant Rules Manual," any violation by a merchant of the aforementioned MasterCard Rules is addressed as follows:

9.5 Merchant Noncompliance

9.5.1 Specified Rules Violations

If the Corporation becomes aware that any merchant has violated any of the following rules:

Honor MasterCard Cards (section 9.11);

Use of the MasterCard Mark (section 9.10);


Charges to Cardholders (section 9.12.2);


Minimum/Maximum Transaction Amount Restrictions (section 9.12.3); or


Prohibited Transactions (section 9.12.4),

The Corporation will notify the acquirer of the violation and request that it take action to ensure that the merchant discontinues promptly, and in no more than 10 business days, the violative practice. A notification by the Corporation of a violation at any one merchant location requires the member to ensure that the practice is discontinued at all locations covered by the merchant agreement(s).

9.5.2 Assessments

If the Corporation's staff becomes aware of any merchant or any DSE in violation of section 9.15 of these rules, the Corporation may identify and advise the acquirer of such violation, and may impose an assessment for noncompliance of up to USD 100,000 per individual violation, with a maximum aggregate assessment of USD 500,000 for additional or continuing violations during any consecutive 12-month period.

In addition, if a merchant or any DFS is determined to be in violation of section 9.15, or if a member is determined to be in violation of section 3.7 of these rules, and if such violation results in compromised account information, the acquirer must comply with the requirements set forth in section 5.12 of the Security Rules and Procedures manual.

C. Furthermore, the "Frequently Asked Questions" portion of the website maintained by MasterCard International Corporation directs a consumer to "Please complete and Submit the Merchant Violation form to report a merchant/retailer that did not accept your MasterCard card." The Merchant Violation form asks the consumer to:

Provide the following information if you have experience a problem with a merchant/retailer who displays the MasterCard brand mark (logo) at their store location but would not accept your MasterCard card for a purchase. Or for a merchant who refuses to accept payment below a certain dollar amount with your MasterCard card.

The end of the Merchant Violation form also asks the consumer to delineate the type of violation as either of the following:

In order to make a MasterCard purchase, the merchant/retailer required a minimum or maximum amount.
The merchant/retailer is adding a charge for using your MasterCard card.
The merchant/retailer required identification.
A merchant/retailer displaying the MasterCard decal in their window refused to accept my MasterCard card.
VISA U.S.A. INCORPORATED

A. As per page ten (10) of the "Rules for Visa Merchants: Card Acceptance and Chargeback Management Guidelines," the following Visa Rules are imposed on merchant conduct:

Dollar Minimums and Maximums - Always honor valid Visa cards, in your acceptance category, regardless of the dollar amount of the purchase. Imposing minimum or maximum purchase amounts is a violation.

No Surcharging - Always treat Visa transactions like any other transaction; that is, you may not impose any surcharges on a Visa transaction. You may, however, offer a discount for cash transactions, provided that the offer is clearly disclosed to customers and the cash price is presented as a discount from the standard price charged for all other forms of payment.

[Note: As per the disclaimer appearing on page four (4) of the "Rules for Visa Merchants:"

This guide contains information based on the current Visa U.S.A. Inc. Operating Regulations. If there are any technical differences between the Visa U.S.A. Inc. Operating Regulations will prevail in every instance. Your merchant agreement and the Visa U.S.A. Inc. Operating Regulations take precedence over this guide or any updates to its information.]

B. Furthermore, the "Ask Visa" portion of the relevant website provides the following:

Minimum Purchase
Visa merchants are not permitted to establish minimum transaction amounts, even on sale items. They also are not permitted to charge you a fee when you want to use your Visa card.

If you run into a problem like this with a merchant, please notify the financial institution that issued you your Visa card. These institutions have access to the appropriate Visa rules and regulations and can help you document and file your complaint. You'll find their address and/or telephone number on your Visa statement. Their telephone number may also appear on the back of the card
 
All this just because someone doesn't want to carry a few $$$ in cash with them. Do you keep the CC receipts the whole month to reconcile with the statement. I thought not. And one wonders how they get into CC debt.
 
All this just because someone doesn't want to carry a few $$$ in cash with them. Do you keep the CC receipts the whole month to reconcile with the statement. I thought not. And one wonders how they get into CC debt.

i don't use cash either. if i have cash, i spend it. there's no way to keep a record of cash (darn virgoness). if it has to go on my card, i think about wether or not i really need it. and i have a record. and i pay it off at the end of the month.
 
I don't ever have cash on me either, I use my debit card for just about everything. And, since most places don't have a pin pad, that means it will go through under their visa/mc terminal, which will charge the fee.

I have seen a lot of places saying that there is a minimum for charges as well - I typically don't frequent those establishments because I hate carrying cash.
 
All this just because someone doesn't want to carry a few $$$ in cash with them. Do you keep the CC receipts the whole month to reconcile with the statement. I thought not. And one wonders how they get into CC debt.

Just because a credit card only situation wouldn't work for you, doesn't mean it doesn't work for many people. :confused3

When I was riding my budget very close to the edge I *did* record my credit card charges like they were debit withdrawals. I am no longer that tight in my budget and have a very good sense of my expenditures without needing to record every penny. I know approximately what my credit card bill will be each month without opening it. If I have questions about it, I look it up online and see where I'm at. I do carry some cash, but it is not unusual for me to have less than $2 in my wallet for weeks without realizing it because I charge almost everything.

I have had a credit card since I was 18 years old and have never been in credit card debt. I have, however, been on many free trips as a result of my credit card points.
 
Most of the stores in our area do the same thing. They have signs by the register that say "minimum purchase of 10.00 for charges". I usually use my debit card for little purchases like that, less hassle. :thumbsup2

There are fees for a merchant to take your debit card also. Usually not as high as a credit card but they are there.
 



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