|Organization:||Division of Banks|
Opinion Summary of Selected Opinion 98-239
Table of Contents
Prohibition against surcharges for making payments through credit cards
Mass. Gen. Laws chapter 140D, section 28A states that "no seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means." This prohibition forbids the imposition of a surcharge by the seller and, in the Division's opinion, also prohibits the seller from hiring a third party to impose the surcharge. To hold otherwise would nullify the objective of said Section 28A.