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Sam
Sam, Attorney at Law
Category: Legal
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I own a home based floral design business. Is it legal in

Customer Question

Hello! I own a home based floral design business. Is it legal in Texas to charge an extra fee for credit card payments? I've read conflicting things on the internet. Thanks!
Submitted: 4 months ago.
Category: Legal
Expert:  Sam replied 4 months ago.

Hello

This is Samuel. Thanks for requesting I provide you information in this regard.

Let me do a little research on the statutes and I will respond here shortly. Thanks for your patience.

Expert:  Sam replied 4 months ago.

According to the Florida Statute, it is not legal

501.0117 Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.—

(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. A convenience fee imposed upon a student or family paying tuition, fees, or other student account charges by credit card to a William L. Boyd, IV, Florida resident access grant eligible institution, as defined in s. 1009.89, or to a private school, as defined in s. 1002.01, is not considered to be a surcharge and is exempt from this section if the amount of the convenience fee does not exceed the total cost charged by the credit card company to the institution. The term “credit card” includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.

However, you can as stated above offer a discount to customers who do not use a credit card.

Customer: replied 4 months ago.
A convenience fee is legal though?
Expert:  Sam replied 4 months ago.

Correct. It is not considered to be a surcharge and is exempt from this section if the amount of the convenience fee does not exceed the total cost charged by the credit card company.

Expert:  Sam replied 4 months ago.

So if you are being charged $2 per transaction and you sell your $10 coffee for $12 that would be legal.

Expert:  Sam replied 4 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

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