[net.legal] credit vs cash sales

burden@cheers.DEC (Dave Burden --- 381-2559) (08/13/84)

<munch munch munch.........>

A bunch of us were discussing credit cards and how they change your spending
habits.  In the conversation someone brought up the point that stores
are charged a fee for every credit card transaction, around 3% of the
purchase I think.  Here's the question:  if you go into a store and 
decide to buy a washer or something and you pull out your charge card
like you're going to use it, then ask the salesperson if you paid in cash
could they take the 3% off the price?  Is it legal for the store to do
this?  Gas stations have different prices for credit and cash sales.  But
isn't there some federal act that prevents charging different people
different prices for the same object (or service)?  Also would the answer
be different in various states?  

I'm not a subscriber to this net so please send responses
directly to me.  Thank you.

Dave Burden		decvax!decwrl!rhea!cheers!burden
			603-881-2559  DEC  Nashua, NH


"He was a cruel man, but fair"

dee@cca.UUCP (Donald Eastlake) (08/15/84)

It is my understanding that the merchant agreements that you generally
have to sign to be able to accept credit cards prohibit your charging
any extra fee for the credit card.  However, there is nothing to stop
you from giving a discount for cash, as many gas stations do.  This means
that people paying with credit cards or checks are in effect paying for
the extra service they receive.  (Check guarantee services charge an
amount comparible with credit card fees.)
-- 
	+	Donald E. Eastlake, III
	ARPA:	dee@CCA-UNIX		usenet:	{decvax,linus}!cca!dee

john@hp-pcd.UUCP (john) (08/16/84)

A merchant can charge you less if you pay cash instead of Plastic. Many will
do it because their profit is the same either way. Most fair trade laws give
the merchant the right to sell at any price they feel like. Thats why a 
"suggested retail price" is just that, a suggestion. Forcing a merchant to
sell something at a set price is called "price fixing" and is one of those
things that you don't want ot get caught doing. 

For some reason the American culture has never picked up on creative 
bargaining the way other cultures have.

John Eaton
!hplabs!hp-pcd!john

wales@ucla-cs.UUCP (08/22/84)

Regarding the laws that say you can't impose a surcharge for using a
credit card, but you can give a discount for cash, I question whether
there really is a workable difference between these two situations.

Case in point:  A sci-fi bookstore here in West L.A. ("A Change of
Hobbit") has posted a sign at the cash register saying approximately
the following:

      You are welcome to use MasterCard or VISA, but please note
      that our actual prices are 4% above the marked prices.  We
      give a 4% discount for payment by cash or check.

(I think it was 4% -- might have been 5% or 6% -- but the principle is
the same in any case.)

In actual practice, of course, the store uses the prices marked on the
books to compute the amount of sale -- then tacks on an extra 4% if you
pay with plastic.

As far as I'm concerned, this is nought but a thinly veiled 4% surcharge
for using a credit card -- yet, since nothing says a merchant has to
charge the manufacturer's suggested retail price on a book, it seems to
be perfectly legal!

Two questions regarding this practice:

(1) If the above travesty is legal, then it seems to me that there is no
    point in distinguishing between "surcharge for credit" and "discount
    for cash".  Either both should be legal, or both should be illegal
    -- allowing one but not the other seems unworkable unless you are
    prepared to "go all the way" and impose price controls.

(2) If the above is a violation of current laws, what regulatory agency
    should I contact in order to get the merchant in question to change
    his policy to conform to the law?
-- 
    Rich Wales
    UCLA Computer Science Department
    3531 Boelter Hall // Los Angeles, CA 90024 // (213) 825-5683
    ARPA:  wales@UCLA-LOCUS.ARPA
    UUCP:  ...!{cepu,ihnp4,trwspp,ucbvax}!ucla-cs!wales

wales@ucla-cs.UUCP (08/23/84)

I decided to follow up on the merchant whom I reported as having a
credit-card surcharge policy, thinly disguised as a cash discount
policy.  I talked to my bank and gave them the "reference number" of a
credit-card transaction I had about a year ago with the merchant (I got
this mile-long number from my monthly credit-card statement).  Appar-
ently, the first few digits of this reference number identify the bank
through which the merchant negotiated the credit slip.  I then called
the toll-free customer-service number of the merchant's bank (who sup-
posedly could apply appropriate leverage if the policy in question was
out of line).

What I was told was that the law which forbade surcharges on credit-
card purchases expired a few months ago and was not renewed.  Hence,
if a merchant wants to impose a surcharge on credit purchases, he can
apparently do so totally "above board" now.  Seemingly, the only reason
merchants have not done this in masses and droves is that they are
afraid of driving their customers away.

I remember now that there was some talk about this issue a few months
ago, but somehow I guess I thought that the old law had been restored.
(The credit-card companies, for one, were lobbying powerfully in favor
of extending the law -- they didn't want to lose business because of
merchant surcharge policies leading people to eschew credit.)

Does anyone know the current status of anti-surcharge legislation in
the U.S. Congress?

And my original question still stands, after a fashion:  Does it make
sense to ban surcharges for credit, while at the same time allowing
discounts for cash?  If all a store has to do to be legal is post a sign
saying that its "real" prices are X percent above the markings on the
shelves or the merchandise -- but that you can get an X-percent discount
for paying with cash -- then something is (or was) clearly wrong with
the law.

stanwyck@ihuxr.UUCP (Don Stanwyck) (08/24/84)

Even before the law expired that banned credit sur-charges, it was
legal to offer cash discounts.  It was simply that you could not *add*
to the price for using credit.  Many stores did in fact have ~5%
discounts to cash buyers.

This is in someways related to the very common business practice that
is sometimes refered to as "2 in 10, net 30", where you may take a 
2% discount if you pay the invoice within 10 days, or pay the net value
of the invoice within 30 days.  It comes down to who gets the use of the
money, and when.

Not all banks immediately post the credit sales to the merchants account.
Some may (I am not sure) post only a percent.  I have been with businesses
where the bank withheld payment for 5 working days for credit slips, and
others where the bank posted immediately.  The former was an outlet that
seemed to draw a (relatively) large number of bad charges.

This is, of course, a common practice (delayed posting) for checks tendered.
The merchant has a hold on the account until time for the check to have had
a fair chance of clearing.
-- 
 ________
 (      )					Don Stanwyck
@( o  o )@					312-979-3062
 (  ||  )					Cornet-367-3062
 ( \__/ )					ihnp4!ihuxr!stanwyck
 (______)					Bell Labs @ Naperville, IL

ag5@pucc-i (Henry C. Mensch) (08/28/84)

The only place where I have seen this phenomenon is in
gas/service stations in various places around the 
country.  It seems fair for the merchant to offer a cash
discount since (a) he offers the customer a convenience
by taking a bank card draft for payment (I don't believe
that bank cards (VISA, Mastercard) constitute legal tender.)
and (b) the merchant bank usually charges a "small" surcharge
for the processing of bank card drafts.  

As a user of bank cards, I have never experienced the
cash discount/credit markup in a store.

Oh, well. . .  Guess I was lucky . . . .
~?




			Cheers,
			Henry C. Mensch
			Purdue University Computing Center
			..... ! pur-ee ! pucc-i ! ag5

shaprkg@sdcrdcf.UUCP (Bob Shapiro) (08/30/84)

In article <pucc-i.415> ag5@pucc-i (Henry C. Mensch) writes:
>The only place where I have seen this phenomenon is in
>gas/service stations in various places around the 
>country.  It seems fair for the merchant to offer a cash
>discount since (a) he offers the customer a convenience
>by taking a bank card draft for payment (I don't believe
>that bank cards (VISA, Mastercard) constitute legal tender.)
>and (b) the merchant bank usually charges a "small" surcharge
>for the processing of bank card drafts.  
>
>As a user of bank cards, I have never experienced the
>cash discount/credit markup in a store.
>
>Oh, well. . .  Guess I was lucky . . . .


   I own a small business and I think I understand a little about the above
problem.
   Yes it is true, the credit card people charge the merchant as a per cent
of the transaction.  Different credit card companies charge different per
cents and volume and type of merchandise also comes into play.
   The reason a merchant accepts credit cards is that they are guaranteed
not to bounce if the merchant handles the credit card correctly. i.e checks
the signature, does reasonable check to ascertain that the credit card holder
is in fact the owner of the credit card, determines that the card is not on
the bad list, and receives an authorization from the credit card company if
the credit card amount is above the floor limit set for his business. Compare
this against a personal check and you see that the per cent going to the
credit card company is payment for that guarantee.  The obvious question then
is how about cash? Well cash is not as great as one might think to a merchant.
First of all the security problems are immense. It does little good to stick
up a store and take its checks and credit card slips, but the cash is quite
negotiable. Therefore, a business with a lot of cash must have special
provisions for storing it safely and also making change. (Witness all of the
taxis and gas stations which do not take anything bigger than a $20 bill.)
One other nice feature about not using cash is that your employees are less
tempted to dip their hands in the till, and there is no problem with making
change quickly and accurately.  On the other hand (I must sound like
Fiddler on the Roof) the merchant has a float problem with credit cards as
there is a delay between getting the slip signed from the customer and having
the money credited to the business checking account but refunds turn out to be
a reverse cash flow problem.
   Finally, and probably the most important reason for accepting credit cards
in a business, is that there is a large number of credit card users out there
who take umbrage with the fact that they are charged more than the cash
people. They must use the credit card because of record-keeping, cash flow,
or whatever and they will not look kindly on a merchant who appears to stick
it to them by offering the cash customers a discount. World Air Lines used to
charge more for credit card tickets than cash tickets but changed due to the
pressure put on them. I know the cash customers think they are getting the
shaft, but since it is an overt and open act to placate them, most merchants
take the easy way out.

hawk@oliven.UUCP (08/31/84)

[how many of you think BofA stands for "Bunch of A**h*****?]

>the merchant bank usually charges a "small" surcharge
>for the processing of bank card drafts.  

small?  Small?  SMALL???!!  A local merchant griped to me that the charges on
Visa had just gone up, again--to 8% (that's right, eight percent, roughly
one-twelvth of the purchase, larger than some folks's profit margins.)  The 
icing on the cake is that he can't even say no to this outrage, because he'll
lose customers.  Ain' t BofA great?  He said Mastercard only takes 4%.
-- 
   rick                                     (Rick Hawkins @ Olivetti ATC)
[hplabs|zehntel|fortune|ios|tolerant|allegra|tymix]!oliveb!oliven!hawk

robison@eosp1.UUCP (Tobias D. Robison) (09/07/84)

References:

Regarding the store in Ca. that posts a sign saying that their
actual prices are 4% above what's marked on each book, and a 4%
discount is given for cash...

FIRST: This must be illegal in some places, but you have to check
state and local laws.  In NYC, I'm sure that correct prices must be
posted on each item, so the policy would be illegal.

SECOND: This store's arithmentic won't work, and you might as well
take advantage of them.  FOR EXAMPLE:

Say they mark $20 on a book.  The actual price is 4% higher, and there
is a 4% discount for cash.  So:

	1.04 * $20 * .96 = $19.968 = $19.97

Be sure they give you the 3 cents off marked price for paying cash.

- Toby Robison (not Robinson!)
allegra!eosp1!robison
decvax!ittvax!eosp1!robison

djmolny@wnuxb.UUCP (Ron Heiby) (09/07/84)

In answer to the question about "what regulatory agency should I contact
in order to get the merchant...", the answer is "none".  You should write
the proprietor a letter stating your views, cc the local newspaper and
stop patronizing the establishment.  If the store is violating its agreement
with its credit card processing agencies, then they should cancel their
relationship with the firm.  It is none of the government's business
whether or not an extra few percent is charged for books sold via a particular
method of payment.  Down with governmental intrusion into the private sector!
Up with free markets and consumer boycotts!  Have fun.  Ron Heiby.
-------
If these are not the views of my employer (and they may not be), I'll bet
they won't admit it.  Just don't go around assuming anything.  RH.