As Mitchell Katz, spokesman for the Federal Trade Commission, said in May of 2011: The Dodd-Frank law prohibits a payment card network such as Visa “from inhibiting the ability of anyone to provide a discount for payment by cash, checks, debit cards, or credit cards.” “Neither surcharging, nor a cash discount is illegal.”
The Cash Discount Program is a method of implementing an increase in price to all customers, while giving a discount to those who pay with cash. Those customers who pay with cash avoid some or if not all (owners discretion) of the price increase. Our technology allows this to happen and keeps you within the guidelines of Visa, Mastercard, and processor regulations.
As stated in the Durbin Amendment (part of the 2010 Dodd-Frank law) businesses are permitted to offer a discount to customers as an incentive and to encourage customers to pay by alternative methods other than a credit/debit cards including either checks or cash in order to automatically receive a discount which is applied at the time of sale.
Under the Durbin Amendment there is no distinction between using a PIN or not and if the card is a bank debit card it is always considered a debit transaction – with or without a PIN number and never would such a transaction be considered a credit sale.
Credit Card Industry
As of January 27, 2013 several Card industry changes went into effect with regards to the credit card company’s federal class action litigation settlement. The settlement requires Visa and MasterCard to change some rules for merchants who accept their cards, including allowing merchants to “offer discounts to customers who pay with payment forms less expensive than Bank Debit cards.”
This is not intended as legal advice and we encourage you to consult with your own legal counsel about these issues.