Legal Question in Consumer Law in California
credit card minimums
According to California Civil Code 1748.1, a retailer may not impose a surcharge on a consumer that uses a credit card in lieu of cash, check, etc. Therefore, is it illegal when places require a minimum charge in order to use a credit card? i.e. If I'm buying a $5 beer at a bar and the bar states if I use a credit card it will be a $10 minimum, isn't that a surcharge because they are charging me $5 more because I am using a credit card instead of cash? Many businesses require the minimum credit card purchase, and I have been charged the remaining amount if my charge isn't up to the minimum. Isn't that illegal?
Asked on 11/05/03, 8:46 pm
1 Answer from Attorneys
Alvin Tenner
Law Office of Alvin G. Tenner
Re: credit card minimums
The courts have effectively negated this statute.
Answered on 11/06/03, 8:53 pm
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