Long Beach, CA asked in Business Law, Legal Malpractice and Consumer Law for Texas

Q: In El Paso, Texas businesses are charging 3% surcharges for using card regardless of how much you spend. Is this legal?

They dont care what card you use, they only go cheaper if it’s cash. Where do I go to dispute these charges. It’s not fair to the consumer that they pass their charges onto me when making payment. I dont want to carry 500-1000 dollars to avoid paying 3%

1 Lawyer Answer
Joseph B. LaRocco
PREMIUM

A: Yes, unfortuantely it is legal in Texas and almost all states. The company does have to post a notice of what they are charging you and the bill should show the charge separately, They can charge up to 3.99%. If you are a very good customer or making a large purchase, ask the store owner or manager to waive that 3%. If the system will not subtract the 3% then ask them to reduce the price by 2 or 3%.

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