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Credit Card Surcharges - MLive.com

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CONSUMER ALERT<br />

BILL SCHUETTE<br />

ATTORNEY GENERAL<br />

The Attorney General provides Consumer Alerts to inform the public of unfair,<br />

misleading, or deceptive business practices, and to provide information and guidance on<br />

other issues of concern. Consumer Alerts are not legal advice, legal authority, or a<br />

binding legal opinion from the Department of Attorney General.<br />

CREDIT CARD SURCHARGES<br />

Starting January 27, 2013, merchants in Michigan are allowed to surcharge customers for<br />

the actual costs of processing Visa and Master<strong>Card</strong> credit card transactions, or 4 percent<br />

of the purchase price, whichever is less. The typical cost of processing credit card<br />

transactions is between 1.5 and 3 percent of the purchase price.<br />

Historically, Visa and Master<strong>Card</strong> have prohibited merchants for imposing a surcharge<br />

on credit card purchases. A recent settlement in an antitrust class action case brought by<br />

retailers against Visa, Master<strong>Card</strong>, and a number of big banks, eliminates the ban.<br />

Although surcharging is permitted by the settlement, merchants must continue to abide<br />

by state laws that prohibit or restrict credit card surcharges. Michigan does not have any<br />

such law.<br />

Debit cards and prepaid cards are not subject to a surcharge.<br />

REQUIRED DISCLOSURES<br />

Brick and mortar sellers who choose to impose the surcharge must post a notice at the<br />

store’s entrance advising that a surcharge applies on purchases made with identified<br />

credit cards. At the point of sale, the exact percentage must be disclosed. Sales receipts<br />

must itemize the exact amount of the surcharge.<br />

Online sellers have to disclose that a surcharge will be imposed on the website page<br />

where credit cards are first mentioned.<br />

Michigan Attorney General Consumer Alerts are available at www.michigan.gov/ag<br />

Toll free 1-877-765-8388<br />

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TO FILE A GENERAL CONSUMER COMPLAINT<br />

If you have a consumer <strong>com</strong>plaint, you may contact the Attorney General's Consumer<br />

Protection Division at:<br />

Consumer Protection Division<br />

P.O. Box 30213<br />

Lansing, MI 48909<br />

517-373-1140<br />

Fax: 517-241-3771<br />

Toll free: 877-765-8388<br />

www.michigan.gov/ag (online <strong>com</strong>plaint form)<br />

Michigan Attorney General Consumer Alerts are available at www.michigan.gov/ag<br />

Toll free 1-877-765-8388<br />

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