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582 views   |   31   |   Last updated on Aug 03, 2017    Consumer Protection

Section 339.001 of the Texas Finance Code regulates the imposition of surcharges on a credit card. Subsection (a) states the following:

(a) In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.

Note that subsection (b) exempts certain governmental agencies. And subsection (c) grants exclusive jurisdiction to the Consumer Credit Commissioner, whose office accepts complaints regarding credit card surcharges. The Texas Attorney General also publishes this brief brochure that discusses surcharges for credit card payments [PDF].

Note: Senate Bill 560, which goes into effect on September 1st, 2017, transfers the contents of what is currently Finance Code section 339.001 to what will become section 604A.0021 of the Business & Commerce Code. As the Office of Consumer Credit Commissioner explains in an advisory bulletin [PDF], “enforcement authority for the credit card surcharge prohibition will be transferred from the OCCC to the Texas attorney general.”

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