Can a contractor charge me credit card fees?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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