This definitely continues to be one of the most misunderstood topics in merchant services industry. Many merchants simply assume that if a debit card is processed as credit, that means signature-based or routed through the card rails, then a surcharge can legally be applied. However, such activity is generally prohibited, regardless whether the transaction is PIN-based or signature-based.
This is where confusion often happens between surcharging, dual pricing, and cash discounting programs. In a compliant surcharging model, the fee is typically intended to apply only to eligible credit card transactions, and debit cards are generally excluded, even when such transactions are routed through credit network.
Dual pricing and cash discounting programs, they operate very differently because pricing is displayed upfront rather than adding a fee at the end of the transaction. However, it is important to understand that the implementation details certainly matter significantly, including the signage, receipt formatting, configuration of the terminal, and how pricing is presented to the consumer.
Merchants should openly communicate with their ISOs and payment service providers and must ensure that their surcharge or pricing programs are properly structured and clearly disclosed. Along with that, such activities should be aligned with the latest industry regulations. Even a small configuration mistake can actually lead to a significant compliance dispute and unnecessary operational risk.
Disclaimer: This content is for general informational purposes only and should not be considered legal, compliance, or regulatory advice. Merchants should consult their payment processor, acquiring partner, or legal/compliance advisor regarding specific surcharge and pricing program requirements.