Legal Question in Banking Law in California

It is a violation of every agreement that the credit card companies use that I know of. There is a split off authority, however, on whether the consumer is a third-party beneficiary of that contract, and therefore entitled to enforce that provision, or if it is just between the merchant and the credit card comanies. My opinion is that it is meaningless if it is not a third-party beneficiary clause, and the law disfavors finding contract clauses to be meaningless. So I think it's enforceable by the consumer.