This has come up a lot before. I dealt with this firsthand a lot.
The answer is this:
NO they cannot do this
But no one will do anything to enforce it.
So the REAL answer is YES they can.
The idea is merchants always build in the cost of credit card fees into their prices already.
When a person prices a widget for a $1.00 he bases that price on cost
For example:
Widget sells for: $1.00
Profit: 50¢
Rent: 10¢
Shrinkage: 5¢
Utilities: 10¢
Taxes: 10¢
Salaries 6¢
Benifts for employees 4¢
Fees for credit cards 3¢
Goodwill 1¢
Misc 1¢
So if a retailler was allowed to charge the cost of the associated fee on an item he’d be DOUBLE DIPPING. Why? Because the cost of those credit card fees are already IN the item as it’s priced.
The way around this is simple: DISCOUNTS.
Visa / MC and other don’t let you charge extra for credit cards but they let you offer discounts for cash.
For example: You can’t say it’s $10 if paid by credit card and $10.30 if paid by credit card. But you CAN say, it’s $10.30 if paid by credit card and $10.00 if paid by cash.
See the difference.
Note: Governmental agencies for the most part exempt themselves from this rule, because in some states and localities it IS illegal to charge more. (See local laws in your city to find out).
This is why the IRS charges for credit cards. They can. Merchant agreements exempt such agencies.
The bottom line is there’s nothing you can do about it.
And as person who has spent years working in accounting it’s SO STUPID.
Why would you say “We don’t want your business.” It’s so easy to transmit credit cards. I worked in hotels when we did this manually and I would say it took us a grand total of 1 hour per day to do all the credit card work. And that included looking up each charge card in a book to see if it was bad.
The people who want to do this are greedy. They’re trying to force you to buy more. It’s definately not a “I’m losing money” type of thing, unless a person is 100% clueless about how to price their stock OR they are legitimiately operating a business which is not ever gonna make a profit and they’re grasping at straws.