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 3 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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