Legal Question in Administrative Law in Florida
online fees
Is it legal for a non-profit to charge convenience fees to cover CC transaction costs?
1 Answer from Attorneys
Re: online fees
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It would appear to be dependent upon the type of transaction that is being paid for. Florida Statutes 501.0117 Credit cards; transactions in which seller or lessor prohibited
from imposing surcharge; penalty - states that
(1) A seller or lessor in a sales or lease transaction may not impose a
surcharge on the buyer or lessee for electing to use a credit card in lieu
of payment by cash, check, or similar means, if the seller or lessor
accepts payment by credit card. A surcharge is any additional amount
imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. The term "credit card" includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a
credit card, if the discount is offered to all prospective customers.
Scott R. Jay, Esq.
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