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Dairy Queen - Surcharge?

Regular Contributor

Dairy Queen - Surcharge?

I went to a Dairy Queen that is close to my house and it looks like they charge a flat 39 cent surcharge when using any credit card, i thought this was not legal in my state (Florida).


"In 10 states it is prohibited by law for retailers to charge consumers a fee for using a credit card (California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas). Consumers who are subjected to checkout fees in states where they are protected by law may report the retailer to their state attorney general's office."




Message 1 of 9
Senior Contributor

Re: Dairy Queen - Surcharge?

Make a dozen copies of the receipt that shows the surcharge and report them!


I'd also go back to the DQ and talk to the manager and ask for a refund.


Found a local gas station around here charges a 25 cent surcharge if you pay by cc.  I found this out when it showed up on the receipt from inside (vs from the pump).  They also coded the surcharge as "grocery" so there was an additional 5% taxed added to the bill.


I choose not to go to that gas station anymore.


Message 2 of 9
Valued Contributor

Re: Dairy Queen - Surcharge?

I once read while a credit card surcharge is not allowed, a cash discount is, so it's all in the wording.


Message 3 of 9

Re: Dairy Queen - Surcharge?

my-own-fico wrote:

I once read while a credit card surcharge is not allowed, a cash discount is, so it's all in the wording.


That's what it's called here at pretty much every gas station.

Always a loophole.

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Message 4 of 9
Regular Contributor

Re: Dairy Queen - Surcharge?

Cash discounts are acceptable but this DQ is clearly charging extra for using a CC (they even have a little sign on the register that says .39 extra for credit cards), I paid with a credit card the first time and indeed it was 39 cents more than the advertised price.


I filed a complaint with BBB and DQ responded within an hour saying that the particular location was independently owned and that they would contact the Owner/Manager.


My guess is that the Owner/Manager of that location doesn't know much about CC Laws.

Message 5 of 9
New Member

Re: Dairy Queen - Surcharge?

They just settled a lawsuit with the credit card companies and if a business is not in one of the states that prohibit credit card surcharges the merchant CAN now charge a credit card surcharge fee.  It was part of the settled lawsuit that dealt with swipe fees.

Message 6 of 9
Frequent Contributor

Re: Dairy Queen - Surcharge?

The lawsuit settlement states that merchants may charge a credit card surcharge if they wish, but as far as I know the settlement about surcharges hasn't taken effect yet, so it is still against the merchant agreement to charge a surcharge.

FICO Scores: TU: 768 (Jan 2012), EQ: 755 (Jan 2012 Lender pull)
Message 7 of 9

Re: Dairy Queen - Surcharge?

As was said, it is all in the wording. I have only seen gas stations openly doing it around here. If gas is $1/L they charge that if paying with DC/CC or they charge $.99/L if you use cash (special 'discount'). Most small retailers seem to charge high enough that they do not need a surcharge fee on their receipt, everyone pays the inflated prices.

As of Feb: AAoA 1 year, 10 months
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CS EX: 715
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Message 8 of 9
New Member

Re: Dairy Queen - Surcharge?

Correct.  I do not see the CC companies going after someone for violating a contract clause they are about to abolish.  That would be a huge waste of time and money. 

Message 9 of 9