Convenience Fees BEST PRACTICES FOR MERCHANT USE OF CONVENIENCE FEES:

Transcription

1 Cnvenience Fees This publicatin includes Card Acceptance Guide language n Best Practices fr Merchant Use f Cnvenience Fees in additin t addressing specific differences by card brand and special circumstances under which specific merchants (based n the Merchant Categry Cde MCC) may handle fees differently n a pilt basis. In mst cases, merchants accept Visa cards and must therefre meet the Visa requirements fr cnvenience fees t ensure parity acrss all card and acceptance channels (i.e. ACH and echeck) fr merchant lcatin. BEST PRACTICES FOR MERCHANT USE OF CONVENIENCE FEES: Merchants are prhibited by card assciatin rules frm billing cnsumers a fee fr using a credit card. This is cnsidered surcharging. The prhibitin n surcharging ensures that credit cardhlders are nt discriminated against at the pint-f-sale. Hwever, discunts n cash purchases are permitted. Als, surcharging is different frm a situatin in which particular business cases (i.e. gvernment r schls) may warrant impsitin f a cnvenience fee fr utilizatin f specific alternative payment mdes, such as Internet and telephne. A merchant that charges a Cnvenience Fee must ensure that the fee is: Charged fr a bna fide cnvenience in the frm f an alternative payment channel utside the merchant's custmary payment channels Disclsed t the Cardhlder as a charge fr the alternative payment channel cnvenience. NOTE: The requirement fr an alternate payment channel means that MOTO and electrnic cmmerce merchants whse payment channels are exclusively nn face-t-face may NOT impse a Cnvenience Fee. Added nly t a nn face-t-face transactin A flat r fixed amunt, regardless f the value f the payment due Applicable t all frms f payment accepted in the alternative payment channel Disclsed prir t the cmpletin f the transactin and the cardhlder is given the pprtunity t cancel Included as a part f the ttal amunt f the transactin Impsing a cnvenience fee has been fund by the card assciatins t impede cnsumer credit card payments, s be aware f the ptential fr changes t current plicy and prcedures. A percentage-based fee is ONLY permitted fr cnsumer tax payments. This is a pilt prgram at this time fr registered merchants available nly if merchant r their third party servicer has demnstrated their cmpliance with Payment Card Industry Data Security Standards (PCI DSS). The card assciatins as a nrmal curse f business d nt mnitr ther merchant fees that are unifrmly applied t all payment types such as shipping and handling fees r student registratin fees, since they d nt discriminate r limit card acceptance. Sme merchants, such as ticket sellers and travel agents may charge cnsumers fr csts assciated with the value-added services they prvide and the merchant name and ther transactin data must indicate the merchant f recrd. Businesses that facilitate credit card payments fr ther merchants are subject t additinal requirements. CnvenienceFees

2 Effective April 2005, a special Visa interchange prgram is launched fr registered Utility MCC 4900 merchants wh affirm they will abstain frm charging cnvenience fees n utility transactins and affirm that they will crrectly identify bill payments with the required Visa fields. Utility merchants wh elect t assess a cnvenience fee can nt register fr the Visa Utility Interchange prgram. Effective Octber 2006, a special MasterCard prgram is launched fr registered Utility MCC 4900 merchants. A cnvenience fee is allwed prvided the fee is impsed n all like transactins regardless f the frm f payment used. A merchant may register fr the MC prgram withut registering fr the Visa Utility a Effective July 1, 2006 thrugh March 31, 2008, MasterCard is undertaking a cnvenience fee pilt fr a select number f pre-certified gvernment and educatin entities r their third party agents. Participants in the pilt prgram will be permitted t charge a differentiated cnvenience fee n MasterCard transactins than is charged fr EFT and echecks. Participants are entities classified in MCCs 8211, 8220, 9211, 9222, 9311, and The cnvenience fee charged may be a fixed dllar amunt, a fixed percentage r a tiered rate. There are bth registratin and reprting requirements (psted n cmpliance site). Effective September 1, 2006, MC will allw registered merchants t charge a cnvenience fee n face-t-face transactins as lng as there is a separate line fr credit card payments. Als, kisks were previusly excluded frm the prgram, they are permitted t participate. NOTE: Merchants that accept Visa may nt register fr this prgram if they accept ACH and echecks as Visa requires that all cnvenience fees be the same fr acceptance channels and prhibit merchants frm charging a lesser fee amunt n ACH and echecks. Als, Visa prhibits cnvenience fees n face-t-face transactins (with the exceptin f the Visa Tax Payment Service Fee Pilt fr registered tax payment merchants nly). Tax Payment merchants may register fr bth prgrams if they meet all requirements. The Visa USA Bard f Directrs apprved a limited-scpe pilt prgram (funning frm March 2002 thrugh December 2004) t allw gvernment-taxing authrities r parties acting n their behalf t accept Visa cards fr the payment f persnal incme and real estate taxes, while impsing a percentage-based service fee. In February 2005, the Bard f Directrs extended the Tax Payment Pilt prgram thrugh the 2007 tax year. The pilt prgram allws a selected number f pre-certified taxing entities r their third-party agents t accept Visa fr persnal incme taxes, real estate taxes, ther prperty taxes, unemplyment taxes, emplyer-paid payrll taxes, business incme taxes, and sales and uses taxes. Merchant r prcessing agent may assess a service fee. The service fee may be calculated as a percent f the tax amunt. If a service fee is assessed, it must be prcessed as a separate and unique transactin and nt embedded with the tax liability payment. MCC required t be 9311 (Tax Payments). Service Fee must be applied n payments received thrugh all payment channels. Merchant registratin is required. The prcessing agent r merchant must be PCI DSS cmpliant. The acquirer may be subject t a $5,000 participatin fee. (NOTE: MCC 9311 (Tax Payments) is nt eligible fr Visa CPS/Retail 2 (Select Develping Market) interchange; CPS/Card Nt Present and CPS/Electrnic Cmmerce interchange rates apply. Effective January 1, 2007, mnthly reprting must be prvided by acquiring member t Visa USA identifying Merchant DBA Name, Merchant Custmer Service Phne Number, and DBA State Cde. CnvenienceFees

3 American Express MasterCard Visa ACH E-Check Cnvenience Fee Flat r Fixed Fee Amunt OK OK OK Variable Amunt (tiered r percentage) OK OK Prhibited OK Added nly t nn-face-t-face transactins Applicable t all frms f payment accepted in the alternative payment channel Disclsed prir t the cmpletin f the transactin and The cardhlder is given the pprtunity t cancel Included as a part f the ttal amunt f the transactin MCC Restrictins MC Cnvenience Fee Pilt NOTE: The primary purpse f this pilt is t differentiate the cnvenience fee amunt fr ACH and echecks which must currently be subject t SAME cnvenience fee under Visa and MC rules. Tax payment merchants that wish t charge a fee n face-t-face Tax Payments may register fr this pilt if they d nt accept ACH and echecks fr this secndary purpse. Visa rules have NOT changed and therefre merchant may NOT take Visa and charge a different fee n Visa than ACH and echecks. Flat r Fixed Fee Amunt OK OK OK Variable Amunt (tiered r percentage) OK OK Prhibited OK Added nly t nn-face-t-face transactins Added t kisk payments OK Yes, effective September 1, 2006 Added t face-t-face transactins where an inffice line accepts nly card payments Applicable t all frms f payment accepted in the alternative payment channel Disclsed prir t the cmpletin f the transactin and The cardhlder is given the pprtunity t cancel Included as a part f the ttal amunt f the transactin Yes, must apply t all payments OK Yes Prhibited, except fr MCC 9311-Taxes fr registered Tax Pilt merchants Yes, hwever, may differentiate fee fr ACH and echeck Cnvenience fee is a separate transactin OK Recmmended Prhibited MCC Restrictins 8211 elementary edu 8220 clleges 9211 curts 9222 fines 9311 taxes 9399 gvernment CnvenienceFees

4 American Express MasterCard Visa ACH Tax Payment Service Fee Pilt Flat r Fixed Fee Amunt OK OK OK OK Variable Amunt (tiered r percentage) OK OK Registratin OK Added nly t nn-face-t-face transactins Applicable t all frms f payment accepted in the alternative payment channel Disclsed prir t the cmpletin f the transactin and The cardhlder is given the pprtunity t cancel Included as a part f the ttal amunt f the transactin Prhibited Service fee is a separate transactin OK Recmmended MCC Restrictins 9311 E-Check Recurring Payments Prhibited A merchant f recrd may charge a cnvenience fee under Visa rules as lng as it is disclsed n the cardhlder transactin prir t final payment, included in the transactin amunt, and charged nly n a nn-face-t-face transactin. Visa requires that this be a flat amunt (nt tiered, nt %). Visa prhibits merchants frm charging a cnvenience fee n a recurring transactin. Visa has a secnd prgram that allws a service fee t be charged n tax payments (nly Taxes) as a percentage f the transactin. The Visa Tax Payment requires registratin and the Service Fee must be a separate transactin. The separate transactin supprt payment f the service fee t a third party (i.e. OPAY, etc.). Infrmatin n registratin is n the Cmpliance Intranet Site under merchant registratin at: Prduct recently pse questin regarding steps that a third party must take with American Express. American Express plicy fr merchant f recrd charging a cnvenience fee is essentially parity in pricing. If third party is behind the merchant and nt receiving funds frm American Express (i.e. receiving the cnvenience fee frm the merchant), then ur understanding is that the merchant f recrd is the merchant and n special agreement is needed. Hwever, if the third party wants t prcess and charge a service fees as a separate transactin n tax payments, then they must setup an Amex Merchant accunt fr the specific purpse f being paid fr the service fees (Amex Service Establishment) and the third party must enter int a third party agreement with American Express. Please keep in mind that if a merchant accepts Visa fr Gvernment services ther than tax payments, then nly the merchant f recrd can cllect a cnvenience fee under Visa rules, the cnvenience fee must be a flat amunt, and there must be parity. Hwever, if same merchant takes American Express, Discver, and MasterCard fr Gvernment Services ther than tax payments, then MC rules fr cnvenience fees wuld allw a separate fee as wuld American Express if third party has entered int agreement with American Express. Finally, American Express indicated that the plicy is the same acrss all industries and is allwed as lng as there is parity with ther card types. CnvenienceFees

5 Card Assciatin Regulatins: Discver 5.8 Surcharges Yu may permit Merchants t assess a surcharge n a Card Sale cnducted using a credit Card, subject t the restrictins in Sectin 2.4 f these Operating Regulatins. Yu agree nt t permit Merchants t levy a fee r ther penalty f any kind n a Cardhlder using a Card ther than a credit Card, fr a Card Sale. Furthermre, yu agree nt t permit Merchants t levy a fee r ther penalty f any kind n a Cardhlder using a credit Card where such fee is nt assessed n all ther credit cards accepted by the Merchant fr the purchase f gds r services. [Interpretatin: Acquires may allw merchants t impse a cnvenience fee r service fee where there is parity fr all card brands.] 2.4 Equal Treatment f Discver Netwrk Cards with Other Payment Cards; Equal Treatment f Discver Netwrk Card Issuers Yu may nt institute r adpt any practice that unfavrably discriminates against r prvides unequal and unfavrable treatment f any Persn wh elects t pay using a Card versus any ther credit, charge, debit, stred value r ther payment card accepted by yur Merchants, except with respect t such Merchants' prprietary cards (e.g., private label and lyalty cards) and gift cards. Yu shall include in yur Merchant Agreements (r regulatins issued in cnnectin with Merchant Agreements) an bligatin f the Merchants nt t adpt any practice that unfavrably discriminates against r prvides fr unequal and unfavrable treatment f any Persn wh elects t pay using a Card versus any ther credit, charge, debit, stred value r ther payment card accepted by yur Merchants, except with respect t such Merchants' prprietary cards (e.g., private label and lyalty cards) and gift cards, and yu shall use cmmercially reasnable effrts t enfrce these Merchant bligatins. [Interpretatin: Acquirers may nt adpt any practice that unfavrably discriminates against Discver Netwrk Issuers.] Fees t Cardhlders Ntwithstanding the prvisins f Sectin 5.8, yu are prhibited frm assessing r therwise impsing a fee r surcharge n a Cash Advance and must prhibit any Cash Advance Merchant frm assessing r therwise impsing a fee r surcharge n any Cardhlder fr any Cash Advance transactin. The amunt f the Cash Advance transactin reflected in Cash Advance Sales Data submitted by yu t us fr Settlement must be the amunt f cash disbursed t the Cardhlder. If any fees were assessed t the Cardhlder by yu r the Cash Advance Merchant in cnnectin with a Cash Advance, including, a fee paid in cash after the transactin was cmpleted, the entire amunt f the Cash Advance transactin is subject t Dispute. MasterCard: (14) Charges t Cardhlders. The merchant shall nt directly r indirectly require any MasterCard cardhlder t pay a surcharge, t pay any part f any merchant discunt, whether thrugh any increase in price r therwise, r t pay any cntempraneus finance charge in cnnectin with the transactin in which a MasterCard card is used. A surcharge is any fee, charged directly r indirectly, deemed by this Crpratin t be assciated with the use f a MasterCard card that is nt charged if anther payment methd is used. Merchant discunt, as used in this subsectin, means any charge fr the acquisitin f sales slips negtiated by the merchant and the member r affiliate with which the merchant has a merchant agreement. The prhibitins f this subsectin (14) d nt prhibit discunts fr payments in cash, r fr charges (such as bna fide cmmissins, fees fr special handling r expedited service, pstage and handling, and the like) that are charged t the cardhlder regardless f the frm f payment. MasterCard rules stipulate that accepting agencies Cannt add a surcharge that cardhlder must pay Cannt ffer card acceptance t a select custmer grup that is behind in payments Cannt put a minimum r maximum limit n a credit card payment MasterCard rules allw fr cnvenience fees prvided: CnvenienceFees

6 Same fee must be applied t each transactin type within a specific payment mde N discriminatin exists fr a MasterCard card based n payment methd Merchant decides hw t apply fee - can be priced as a flat rate, tiered, r percentage based Nt permitted t advertise the fee as ffset t merchant discunt rate Visa USA 5.2.E Cnvenience Fees A Merchant that charges a Cnvenience Fee must ensure that the fee is: Charged fr a bna fide cnvenience in the frm f an alternative payment channel utside the Merchant s custmary payment channels Disclsed t the Cardhlder as a charge fr the alternative payment channel cnvenience Added nly t a nn face-t-face Transactin1 A flat r fixed amunt, regardless f the value f the payment due Applicable t all frms f payment accepted in the alternative payment channel Disclsed prir t the cmpletin f the Transactin and the Cardhlder is given the pprtunity t cancel Included as a part f the ttal amunt f the Transactin A Cnvenience Fee may nly be charged by the Merchant that actually prvides gds r services t the Cardhlder. A Cnvenience Fee may nt be charged by any third-party. A Cnvenience Fee must nt be added t a Recurring Transactin. The requirement fr an alternate payment channel means that Mail/Telephne Order and Electrnic Cmmerce merchant whse payment channels are exclusively nn face-t-face may nt impse a Cnvenience Fee. CnvenienceFees