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Visa and MasterCard Users: Beware of New 4 Percent Surcharge

Feb. 05, 2013
4 min read
Credit Card Surcharge
Visa and MasterCard Users: Beware of New 4 Percent Surcharge
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As a result of the largest antitrust settlement in United States history, merchants in 40 states are now able to tack on a fee of up to 4% per credit card transaction - spelling potential disaster for those of us looking to rack up miles and points by using credit cards.

The dispute dates to 2005, when retailers claimed Visa and MasterCard conspired to fix the processing fees that stores pay to accept credit and debit cards, typically 1.5-3% of the purchase price. Instead, merchants want to pass that fee along to consumers so that they don't have to bear the brunt of it themselves as the cost of accepting credit card payments. However, most merchants have already marked up their goods and services to recoup this cost of doing business anyway, so those that do impose the fee could be double-dipping into customers' pockets.

The merchant or "checkout fee," as it is being called, is capped at 4%. However, it can vary based on the type of card and what the merchant chooses to charge. For example, it could be higher for a rewards card or premium card than for a basic credit card, though it cannot be incurred on debit cards.

The good news is that ten states are blocking the new fees altogether: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Credit card surcharges remain illegal in these states so they shouldn't affect consumers anytime soon.

If you live in any of the other 40 states, be on the lookout: Merchants who want to start charging extra will be required to post a sign at their storefront announcing the extra fee. They’ll also have to disclose the fee at the checkout counter and on the receipt. Online retailers are required to post a notice on the first page that mentions credit cards.

That said, we’re likely not returning to the Wild West “cash only” days anytime soon. Big stores like Wal-Mart, Target, Sears, Rite Aid and Home Depot have said that they will not charge customers this fee, and many local mom and pop shops have said they do not plan on taking advantage of the new rule for fear of driving away business in an increasingly competitive economy. Many businesses also factor these fees into their pricing and the cost of doing business, so we're not likely to see widespread changes anytime soon, though always be vigilant.

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Another bright spot is that American Express cards won't incur the checkout fee at all since Amex prohibits merchants from charging one, so you can always choose to use them at merchants that are charging the new checkout fee...if they accept Amex, that is. More interestingly, a merchant who accepts Amex as well as Visa/MasterCard would not be able to surcharge any of those cards, so that should help keep cardholders in the clear as well.

While I'm not going to be alarmist about this, it is disturbing to think that businesses can now routinely pass along a 4% charge to consumers, especially since credit card spending is one of the major (if not the major) ways to rack up frequent flyer miles, hotel points and credit card points like American Express Membership Rewards and Chase Ultimate Rewards. This could represent a huge devaluation in the value of those points - essentially requiring you to redeem them for at least 4 cents apiece in order to make your money back. I don't think it will come to that, but it's something to keep in mind.

What do you think?

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Apply for American Express® Gold Card
at American Express's secure site
Terms & restrictions apply. See rates & fees
Best for dining at restaurants
TPG Editor‘s Rating
4 / 5
Go to review

Rewards Rate

4XEarn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
4XEarn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
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2XEarn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
1XEarn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • Intro Offer

    As High As 100,000 points. Find Out Your Offer.
  • Annual Fee

    $325
  • Recommended Credit

    Excellent to Good

Why We Chose It

There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)

Pros

  • 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
  • 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
  • Packed with credits foodies will enjoy
  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
  • Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
  • $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.