
The Electronic Fund Transfer Act of 1978 regulates debit card transactions, and under this law, merchants can charge a fee if the customer has explicitly agreed to it beforehand.
However, if the merchant charges a fee without the customer's consent, it can be considered deceptive and may be subject to fines and penalties.
Debit Card Surcharging Laws
Debit card surcharging laws are quite straightforward. Debit cards and prepaid cards cannot be surcharged, even if the card is run as a signature-based transaction without the PIN.
This restriction was implemented by the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which specifically refers to debit card transactions and includes the cap on interchange fees from the card networks.
Sellers must clearly display the regular price from the beginning, and cannot surprise you with extra fees for debit card payments.
Debit Card Surcharging Laws by State
Debit card surcharging laws vary by state, but there's a federal restriction that applies to all states. The Durbin Amendment prohibits surcharging on debit cards, even if they're run as signature-based transactions without a PIN.
In the United States, the Durbin Amendment restricts debit card surcharging nationwide. This means businesses can't charge extra fees for debit card transactions.
Federal Debit Card Surcharging Regulations

Debit card surcharging is not allowed, even when the card is run as a signature-based transaction without the PIN. This restriction was implemented by the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Debit card surcharging is prohibited, period. The Durbin Amendment specifically refers to debit card transactions and includes the cap on interchange fees from the card networks.
Sellers are not allowed to add surcharges to credit card or debit card payments, so you won't see any surprise fees at checkout.
In fact, most merchants in Canada cannot legally charge a service fee unless they are considered "eligible" under the card provider's rules. This means you need to check with your card provider to see if they allow service fees for certain types of merchants or transactions.
Here are some examples of eligible merchants that may be allowed to charge a service fee:
- Real estate agents
- Post-secondary institutions
- Childcare businesses
- Utilities companies
Remember, if you're going to charge a service fee, you need to give customers prior notification, the option to cancel, and the opportunity to pay without the fee if they choose to do so.
Taxi Drivers

Taxi drivers are subject to specific rules when it comes to surcharging debit or credit card payments.
Taxi drivers working outside the island of Montreal cannot charge you fees in addition to the fare if you pay by debit or credit card.
If the incident happened on the island of Montreal, you can file a complaint with the Ville de Montreal’s Bureau du taxi et du remorquage.
If you have experienced this situation with a taxi driver working outside the island of Montreal, contact the Commission des transports du Québec.
Service Fees
Service fees, also known as convenience fees, can be a bit confusing. In Canada, most merchants can't charge a service fee, but some eligible merchants can.
Some merchants will cover their processing costs by charging a higher price for their goods or services, while others can impose a service fee on card-based transactions.
To be eligible to charge a service fee, merchants or ATM operators must meet certain requirements. This includes receiving prior notification of the fee before you enter your PIN and confirm the charge.

You should be given the opportunity to cancel your transaction at no cost if you choose to do so. This is an important right to be aware of when making a payment.
Here are some examples of businesses that may be eligible to charge a service fee, according to Visa's rules:
- Real estate agents
- Post-secondary institutions
- Childcare businesses
- Utilities companies
Keep in mind that rules vary between card providers, so it's a good idea to visit your card provider's website for more information.
Credit Card vs Debit Card Fees
Credit card fees are often higher than debit card fees, with some credit cards charging up to 3% of the transaction amount as a foreign transaction fee.
In contrast, debit card fees are generally lower, with many banks charging no foreign transaction fees at all.
Credit card issuers can charge a late fee of up to $38 if the cardholder misses a payment, but debit card fees are typically not as steep.
Some credit cards also charge an annual fee, which can range from $20 to $1,000 or more.
Debit card fees can vary depending on the bank and the type of account, but many debit cards have no monthly maintenance fees or overdraft fees.
Credit card companies can also charge a fee for cash advances, which can be up to 5% of the amount advanced.
Debit cardholders are generally protected from overdraft fees if they have overdraft protection in place.
How to Report Improper Service Fee Charges
If you're charged an unexpected fee for using your debit card, you can report it to the relevant authorities.
Sellers who charge a fee for credit card transactions are not complying with the law if they don't clearly display the regular price from the beginning.
To report improper service fee charges, start by contacting the merchant directly and ask them to explain the fee.
Sellers cannot simply display a sign or notice that they charge a fee for credit card transactions to satisfy the requirements of the law.
If the merchant doesn't provide a satisfactory explanation, you can file a complaint with the Canadian government's consumer protection agency.
Service fees or "convenience fees" are not allowed to be charged by most merchants in Canada.
Sources
- https://consumered.georgia.gov/ask-ed/2023-07-12/can-merchants-charge-fee-debit-card-transactions
- https://staxpayments.com/blog/what-states-can-charge-credit-card-surcharge/
- https://www.maine.gov/pfr/consumercredit/consumer/surcharge.html
- https://www.finder.com/ca/banking/debit-cards/debit-card-service-fees
- https://www.opc.gouv.qc.ca/en/consumer/topic/price-discount/advertised-price/debit-credit-card/
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