Dear Aimee,
I grabbed lunch in Brookside last week and noticed a “3.5% card fee” added to my total. When I asked about it, the cashier just pointed to a tiny sign by the register. Is that even legal? Can a business really pass credit card fees onto customers like that?
– Nickel-and-Dimed in Brookside
Dear Nickel-and-Dimed,
Short answer? Yes, but only if they follow the rules.
Credit card “convenience fees” or “surcharges” have become more common as businesses try to offset rising transaction costs. But while it’s legal in Missouri for a restaurant to charge you a card fee, they must disclose it clearly and up front.
Let’s break down what’s legal and what’s just annoying.
What the Law Allows:
In Missouri, businesses are allowed to pass along credit card fees as long as they:
- Notify you before the transaction (verbally or via clear signage — not fine print), and
- Don’t profit from the fee (the surcharge should only cover the actual processing cost).
The Missouri Merchandising Practices Act (MMPA) prohibits deceptive or unfair business practices, so if a business hides the fee or adds it without disclosure, that could be grounds for a consumer complaint.
Pro Tip: If the first time you hear about the fee is on your receipt, that’s a red flag.
Look Out For:
- “Surprise” charges that aren’t disclosed in advance
- Surcharges on debit cards (Visa/Mastercard rules prohibit this, even if run “as credit”)
- “Flat fees” that exceed the actual card processing cost
Bottom Line:
If a business is upfront about the fee and it’s fair, that’s legal. If they’re burying it or profiting from it, that’s worth reporting to the Missouri Attorney General or the State Consumer Protection Division.
Aimee
