Can a contractor charge me credit card fees?
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Can a contractor charge me credit card fees?
Im in WI and the contractor that replaced my roof. I verified they accept credit cards at the time of ordering the roof. There was no mentioning of being charged a surcharge of 3.5%; none of the forms mention the surcharge either. Now thatthe roof is complete and am being asked to pay, they are telling me I need to pay a 3.5% fee. Is this legal?
Asked on June 21, 2018 under Business Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you are not liable for the fee unless it was disclosed to you: if they simply gave you a price and you agreed to pay that price, that is ALL you are resposible for--they cannot add to or change the agreed-upon price after you commit to paying it. A credit card surcharge is not illegal, but MUST be disclosed to the customer before he/she pays. That's why, for example, in some states you see gas stations posting different prices/gallon for credit cards vs. cash: as long as you warn people you pay more with a credit card before they buy the product or service, you can get the additional amount.
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