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ReadersSpeak





        Should surcharging be legal?                                               discourages card usage reduces our
                                                                                   revenue. Additionally, surcharging
                   ne place where readers of The Green Sheet speak their minds about   is not allowed on any form of debit
                   matters of particular importance to ISOs and merchant level sales-  per the Durbin amendment, so the
                   people (MLSs) is GS Online's MLS Forum. Among the recent top-   question is, how much does it truly
        O ics explored were white-label iPad solutions, partnering with an         benefit a merchant?
        accounting firm, the future of Dodd-Frank, PAI's sale to Clearent and surcharg-
        ing. Following are excerpts from the lively discussion on surcharging:     "Since this occurs at the merchant
                                                                                   level, settlement would show just the
        Mariuz broached the subject by writing, "I am aware that most of the states   total transaction, but the transaction
        allow surcharging up to 4 percent. Does your processor have a software for   receipt would disclose the surcharge
        all types of equipment … which would calculate the surcharge amount based   clearly. So, with all this, if we are talk-
        on the card type and automatically add it to the transaction? Or is there   ing, say, 3 percent, why not just raise
        any software that would enable the merchant to add flat surcharge amount   prices that amount? Giving cash dis-
        depending of what merchant would choose: 2 percent, 2.5 percent, 3 percent,   counts is allowed in every state, and
        etc.?                                                                      doesn't require registration. Truth
                                                                                   is, until all states allow surcharging,
        "[D]o you think that surcharging should be legal or should it be banned? NRF   this latter approach is the simplest for
        is fighting with card brands to make surcharging legal. From my standpoint,   merchants to understand and sup-
        I think it would benefit MLSs and ISOs because we could drive the prices up.   port."
        From the merchant perspective, it also makes sense. But from the consumer not
        so much. Any input?"                                                       Others  emphasized  that  surcharg-
                                                                                   ing  is  a  complex  challenge  involv-
        Clearent replied, stating, "The rules behind surcharging are pretty strict, so   ing registration, printing appropri-
        making sure the POS or terminal follows them is very important. This includes   ate language on in-store signage and
        registering as a surcharging merchant. "To play devil's advocate, the worry   receipts, and specialized software to
        about surcharging at Visa, et al., is that it discourages card usage. Anything that   separate debit card bank identifica-
                                                                                   tion numbers (BINs) from credit card
                                                                                   BINs to ensure debit card purchases
                                                                                   are not surcharged. Also, in 10 U.S.
                                                                                   states, surcharging credit card trans-
                                                                                   actions isn't even legal.

                                                                                   Given this, as well as the restrictions
                                                                                   on how high surcharges can be, many
                                                                                   merchants have been deterred from
                                                                                   the practice. It is estimated the sur-
                                                                                   charge amount typically works out to
                                                                                   less  than  3  percent.  "U.S.  merchants
                                                                                   may assess a surcharge on credit card
                                                                                   purchases that does not exceed the
                                                                                   merchant discount rate for the ap-
                                                                                   plicable credit card surcharged, "Visa
                                                                                   Inc. stated. "In cases where the appli-
                                                                                   cable merchant discount rate exceeds
                                                                                   4 percent of the underlying transac-
                                                                                   tion amount, in no event can the mer-
                                                                                   chant assess a surcharge above 4 per-
                                                                                   cent."

                                                                                   For  a  Q&A  on  essential  aspects  of
                                                                                   merchant surcharging, please visit
                                                                                   www.visa.com/merchantsurcharging. To
                                                                                   see the MLS Forum's full discussion
                                                                                   on this and other topics, please regis-
                                                                                   ter via the Forums link on our home
                                                                                   page,  www.greensheet.com. And re-
                                                                                   member we will welcome your com-
                                                                                   ments and questions at  greensheet@
                                                                                   greensheet.com.

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