Oklahoma Attorney General, Mike Hunter, in a recent opinion said a state ban on surcharging is most-likely unconstitutional. Surcharging is the practice of charging an additional fee when clients pay by credit card.
Clients should know what it costs law firms to accept credit cards, and those clients should have the option to save money by paying with less expensive methods. Since card brand surcharging rules prevent firms from charging more for the surcharge than the amount of the transaction, it ends up not being a money-making scheme but a clear way to communicate how much those airline miles really cost.
It's also interesting that this is being argued as a free speech issue, since providing a discount for not paying with a credit card IS allowed in all states. Same economics, just different presentation.
If your firm is exploring offsetting credit card fees, let's review your options.
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