Visa Core Rules and Visa Product and Service Rules
"Visa Core Rules and Visa Product and Service Rules"
The following test is from the above mentioned Via Core Rules and Visa and Service Rules as of 14 October 2023.
5.5.1.6 Notification of Intent to Assess Surcharges – US Region and US Territories In the US Region or a US Territory:
An Acquirer must ensure that its Merchant notifies its Acquirer in writing at least 30 calendar days before publicly announcing its intention to impose a Credit Card Surcharge, or 30 calendar days before first assessing a Credit Card Surcharge, whichever is earlier.
5.5.1.7 Similar Treatment of Visa Transactions – US Region and US Territories In the US Region and US Territories:
In the US Region and US Territories: A Merchant must not assess a Credit Card Surcharge on Visa Credit Card Transactions in a specific payment channel if either:
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The Merchant is prohibited or effectively prohibited by a Competitive Credit Card Brand from assessing surcharges on the Competitive Credit Card Brand’s products in that payment channel.
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The Merchant’s ability to surcharge a Competitive Credit Card Brand in that payment channel is limited by that Competitive Credit Card Brand in any manner1 and the Merchant assesses a Credit Card Surcharge on conditions that are not the same as the conditions on which the Merchant would be allowed to surcharge transactions of the Competitive Credit Card Brand in that payment channel, or on which the Merchant actually surcharges transactions of the Competitive Credit Card Brand in that payment channel, after accounting for any discounts or rebates offered at the Point of-Transaction.
This prohibition does not apply and a Merchant may assess a Credit Card Surcharge on Visa Credit Card Transactions if one of the following:
The Competitive Credit Card Cost of Acceptance or the Competitive Credit Card Product Cost of Acceptance to the Merchant is less than the Visa Credit Card Cost of Acceptance or Visa Credit Card Product Cost of Acceptance to the Merchant and the Competitive Credit Card Brand does not prohibit or effectively prohibit surcharging credit card transactions.
The Competitive Credit Card Brand prohibits or effectively prohibits surcharging on credit cards and the Merchant actually surcharges the Competitive Credit Card Brand’s transactions in an amount at least equal to the lesser of either:
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The Competitive Credit Card Cost of Acceptance –
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The amount of the Credit Card Surcharge imposed on a Visa Credit Card
There is an agreement between the Merchant and the Competitive Credit Card Brand in which the Merchant waives or in any other way restrains or limits its ability to surcharge transactions on that Competitive Credit Card Brand, provided that
The agreement is for a fixed duration, is not subject to an “evergreen clause” (i.e., automatically renewed unless terminated by the parties to the agreement) and is not a standard agreement generally offered by the Competitive Credit Card Brand to multiple merchants.
The Merchant’s acceptance of the Competitive Credit Card Brand as payment for goods or services is unrelated to and not conditional upon the Merchant’s entry into such agreement.
– The agreement is supported by the exchange of material value.
The agreement expressly specifies a price under which the Merchant may accept the Competitive Credit Card Brand’s products and surcharge those transactions up to the Merchant’s Merchant Discount Rate for the Competitive Credit Card Brand, after accounting for any discounts or rebates offered by the Merchant at the Point-of-Transaction.
This provision does not apply if the Competitive Credit Card Brand prohibits only surcharging for an amount greater than the Competitive Credit Card Cost of Acceptance.
5.5.1.8 Credit Card Surcharge Requirements – Canada, US Region, and US Territories In the Canada Region, US Region, or a US Territory:
A Merchant may assess a fixed or variable Credit Card Surcharge on a Visa Credit Card Transaction, subject to applicable laws or regulations. The Merchant may assess a Credit Card Surcharge by applying the same fixed or variable Credit Card Surcharge to either: l All Visa Credit Card Transactions (brand level) l All Visa Transactions of the same credit product type (product level) The Credit Card Surcharge at the brand level must be the same for all Visa Credit Card Transactions, regardless of the Card’s Issuer or the product type, and after accounting for any discounts or rebates offered by the Merchant on Visa Credit Card Transactions at the Point-of-Transaction. The Credit Card Surcharge at the product level must be the same for Transactions on a particular Visa Credit Card product type, regardless of the Card’s Issuer, and after accounting for any discounts or rebates offered by the Merchant on Visa Credit Card Transactions on the product type at the Pointof-Transaction. A Merchant must not assess a Credit Card Surcharge on Visa Credit Card Transactions at both the brand and product level. The Credit Card Surcharge must be included in the Transaction amount and be identified within the Transaction data.
5.5.1.9 Credit Card Surcharge Maximum Amount – Canada, US Region, and US Territories In the Canada Region:
A Credit Card Surcharge assessed at the product level or brand level, as specified in Section 5.5.1.8, Credit Card Surcharge Requirements – Canada, US Region, and US Territories, must not exceed the Merchant’s Visa Credit Card Surcharge Cap. In the US Region or a US Territory: The Credit Card Surcharge maximum amount is 3.00%. In the US Region or a US Territory: A Credit Card Surcharge assessed at the brand level, as specified in Section 5.5.1.8, Credit Card Surcharge Requirements – Canada, US Region, and US Territories, must not exceed the Merchant’s Visa Surcharge Cap. In the US Region or a US Territory: A Credit Card Surcharge assessed at the product level, as specified in Section 5.5.1.8, Credit Card Surcharge Requirements – Canada, US Region, and US Territories, must not exceed the Merchant’s Visa Credit Card Surcharge Cap less the Debit Card Cost of Acceptance. In the Canada Region, US Region or a US Territory: In no case may the Credit Card Surcharge amount exceed the Maximum Surcharge Cap.
5.5.1.10 Credit Card Surcharge Disclosure Requirements – Canada, US Region, and US Territories In the Canada Region, US Region, or a US Territory:
A Merchant must, at both the point of entry into the Merchant Outlet and the Point-of-Transaction, clearly and prominently disclose any Credit Card Surcharge that will be assessed. The disclosure at the Point-of-Transaction must include all of the following: l The exact amount or percentage of the Credit Card Surcharge l A statement that the Credit Card Surcharge is being assessed by the Merchant and is only applicable to credit Transactions l In the US Region or a US Territory: A statement that the Credit Card Surcharge amount is not greater than the applicable Merchant Discount Rate for Visa Credit Card Transactions at the Merchant For example, the requirement for clear and prominent disclosure will be satisfied if the disclosure is made consistent with Table 5-3, Surcharge Disclosure – Canada Region, US Region, and US Territories;
Table 5-3: Surcharge Disclosure – Canada Region, US Region, and US Territories
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Transaction Type
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Point-of-Entry
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Point-of-Transaction
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Face-to-Face Transaction
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N/A
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Every Customer check-out or payment location, in a minimum 16-point Arial font
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Electronic Commerce Transaction
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The first page that references credit card brands accepted, in a minimum 10-point Arial font
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Checkout page, in a minimum 10-point Arial font
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Mail order Transaction
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The first page of the catalog that references credit card brands accepted, in a minimum 8-point Arial font. The disclosure must also provide instructions for calculating the amount of the Surcharge to be applied and added to the total Transaction amount.
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Mail order form, in a minimum 8-point Arial font
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Telephone order Transaction
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The first page of the catalog that references credit card brands accepted, in a minimum 8-point Arial font. The disclosure must also provide instructions for calculating the amount of the Surcharge to be applied and added to the total Transaction amount.
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Verbal notice from the telephone order clerk, including Surcharge amount
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Unattended CardholderActivated Termina
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N/A
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On the Unattended Cardholder-Activated Terminal or virtual disclosure on the payment terminal screen, in a minimum 16-point Arial font
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For an Electronic Commerce Transaction, a Mail/Phone Order Transaction, and an Unattended Transaction, the Cardholder must be provided the opportunity to cancel the Transaction subsequent to the Credit Card Surcharge disclosure. In the US Region or a US Territory: Merchants with Acceptance Devices that offer Cardholder choice for debit Transactions in the form of “credit” and “debit” buttons must ensure that both: l Debit Card Transactions are not assessed a Credit Card Surcharge l It is made clear to the Cardholder that surcharges are not permitted on debit Transactions regardless of whether a Cardholder selects the “credit” or “debit” button
