The Changing Regulatory Landscape
Thanks to the Durbin Amendment, businesses can legally offer a discount to customers who pay by cash or check instead of with a credit or debit card. Surcharging credit card transactions was made possible by a 2013 Visa settlement. Initially Surcharging was prohibited in 10 states. But a March 2017 Supreme Court ruling stated these bans could be challenged in courts for impeding business owners’ free speech. As a result, the surcharge ban was challenged and has been lifted in California, Texas, Florida and New York.