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Can you charge different price for cash or credit card
May 10,2022
Can you charge different price for cash or credit card
          Here is New York’s law:
          NY GBS Law  § 518. Credit card surcharge prohibited:
   No seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means.
   Any seller who violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars or a term of imprisonment up to one year, or both. 
          New York’s highest court held: that a merchant may describe the difference between the credit card price and the cash price as a “surcharge, “additional fee,” or “extra costs” so long as the merchant posts the total dollars-and-cents price charged to credit card users rather than requiring consumers to engage in an arithmetical calculation.
         I don’t get it either, but there it is.  Better check the law in your state and how it’s interpreted by the AHJ.  Of course we see differential pricing at just about every gas station.  We see charges for “our convenience” when paying any government fine, charge or tax.  We see convenience charges on lots of vendor invoices if you want to use a credit card. 
         Many of you are using automatic credit card authorization or ACH for automatic withdrawal from your customer’s bank account.  Just be sure to make it very clear what charge you intend to take each month or as often as you take it. 
         I can only tell you that my office uses SkyBank Financial and we don’t seem to have any issues.  You can reach Tom Aronica at SkyBank at Biller Genie at 877-245-5374 or visit their website to learn more

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301