Summary
- Businesses using card payment machines cannot charge customers a surcharge to cover card processing fees – doing so is illegal.
- Card reader contracts cannot exceed 18 months, and providers must notify you before your contract expires.
- Minimum card payment amounts are legal in the UK, but Visa and Mastercard may penalise or suspend accounts that enforce them.
- This article is a plain-English guide to the legal issues UK businesses face when using card payment machines.
- It has been produced by LegalVision, a commercial law firm that specialises in advising clients on business law matters.
Tips for Businesses
Check your card reader contract length and ensure your provider notifies you before expiry. If setting a minimum card payment amount, review the rules of each card network you accept. Never pass card processing fees to customers as a surcharge – this is unlawful. Offer alternative payment methods where needed.
Card payment machines allow businesses to accept debit and credit card transactions electronically, reducing reliance on cash. As their use has become standard practice, so too have the legal obligations that come with them. This article will, therefore, explain some of the typical legal issues a UK business faces with card payment machines.
Card Payment Machines
There are a variety of card payment machines on the market nowadays for businesses to choose from. These can allow your customers to pay, for example, by:
- chip and pin;
- contactless; and
- mobile payment.
Card machines will vary in terms of their features, upfront costs and any ongoing fees your business has to pay. The upfront costs will usually be for the payment of the device, and the prices are a percentage of each payment you take from customers.
When you, as a business, use a card payment machine, you may face legal issues, and we explain some legal issues you need to know below.
Rules for Card Readers
You must be aware that there are rules in place for card reader providers that are there to protect you. Last July, new laws came into effect, which mean:
- your card reader provider must inform you when your contract is about to expire;
- card reader contracts cannot be longer than 18 months; and
- it is easier for you as a business owner to compare prices and card reader providers.
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Surcharging
As a business, a typical legal issue you face is surcharging. This is where a business decides to increase the cost of a purchase from their website to cover the costs of the card processing fee they have to pay. However, it is illegal for your business to charge customers a surcharge to cover the cost of the card processing fee.
Minimum Card Payments
A typical legal issue a UK business like yours may face with card payment readers concerns minimum card payment amounts. This is the lowest transaction cost you will accept payment by card. Sometimes, businesses are unsure whether it is legal to have a rule of minimum card payment in the UK. However, having a minimum card payment amount for your business is legal.
You may want to implement a minimum-amount policy for your customers’ card payments when they purchase from you. This is because you have to pay card processing fees when your customers pay by card payment machine and a small payment may make it not worth the fee. Typically, minimum card payment amounts can vary between £5 and can be as high as £20. As your customers cannot pay in cash where payment is less than any minimum card payment, you need to have an alternative way to pay. For example, you may offer your customers the option of completing the transaction via PayPal or by bank transfer.
If you decide to introduce a minimum purchase amount for bank card transactions, your business may be affected by the rules certain card networks have in place. These companies do not allow you to have a minimum card payment amount, and where you do, they may do the following:
- penalise you; or
- suspend your account.
The above applies, for example, to Visa and Mastercard cards. However, American Express does not have rules for minimum card payment amounts. Other card reader providers may have similar or varying rules regarding your business introducing mind card payment amounts.
This checklist will help you identify areas in your business that may need further protection or assistance to ensure you are legally compliant.
Key Takeaways
As a business owner, you will likely use a card payment machine for your business. This is a crucial way to make a sale, particularly as your customers may not always have cash on them. However, when you use a card payment reader for your transactions, there are legal issues you need to be aware of. This article has explained three of these. It points out that card payment providers must abide by laws regulating what they can do, such as contract length. It also explains that you can detail a minimum card payment amount and some rules about this. Lastly, the article explains that surcharging when you have a card payment machine is illegal.
LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced business lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Question
No. It is illegal to charge customers a surcharge to cover card processing fees.
Card reader contracts cannot exceed 18 months.
Yes. Unlike Visa and Mastercard, American Express imposes no rules on minimum card payment amounts.
They may penalise you or suspend your account.
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