Legal Question in Consumer Law in California

My daughter's private school is imposing a 3% 'convenience fee' if we pay her tuition by credit card. I thought merchants could not do this? charge a fee if you pay with a credit card. Is this legal?


Asked on 2/24/10, 7:56 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

California Civil Code Section 1748.1 states that "No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means. A retailer may, however, offer discounts for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers."

It doesn't sound like your daughter's school is a "retailer" within the definition of the statute.

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Answered on 3/01/10, 6:26 pm


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