If you have visited a restaurant recently and seen this, the restaurant might be in violation. New York State has been restaurants from adding this to your bill.

Over the weekend, we went to a couple of restaurants that actually CHARGED US a fee to use our credit cards.

It turns out that this is illegal.

We were charged almost $10 because we paid for our dinners with a credit card over the weekend. This has happened a few times. I get the bill and another line item will be charged...because I use my credit card. Apparently, restaurants are doing this because they have to pay a service fee to the credit card companies, but don't want to pay it. Instead, they pass that charge onto YOU.


But, if you see a restaurant do that, they are in violation of the New York State law, apparently. The law is different from debit cards. 

New York State says that a lot of businesses and customers are confused, according to their website:

New York businesses must advertise accurate prices.  A business may offer a discount if consumers pay in cash, but cannot charge more at the register simply because a consumer uses their credit card", said Secretary of State Rossana Rosado, who oversees the New York State Division of Consumer Protection.

Here were two examples on the New York State website that were both in VIOLATION if you were to use a credit card at a restaurant:

VIOLATION--Percentage Fee: Tabitha goes into Tavern T for a meal.  She sees on the menu a sign that says, “if you use a credit or debit card, you will incur a 5% fee.”

VIOLATION--Flat Fee Notice: Kevin goes into his corner store for some groceries.  A sign at the register says, “$5 fee for credit or debit card sales.”

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