Payment Surcharges and new regulations

How this effects your business

On the 13th January 2018, new regulation was introduced by the Consumer Rights (Payments Surcharges) Regulations 2012. To summarise this new regulation, it is now illegal to apply surcharges for using the following methods of payment:

• Consumer credit cards, debit cards or charge cards
• Similar payment methods that are not card-based (for example, mobile phone-based payment methods)
• Electronic payment services (for example, Nochex & Nochex Merchants)

What does the Payment Surcharges Regulations mean for Nochex merchants?

Simply put, you can no longer add a surcharge for customers paying with a card. An example of this may be a takeaway or ticketing company applying a 50p charge to pay via credit card. However, businesses are still permitted to charge for other fees, such as delivery, booking, or administration fees.

Frequently asked questions…


How will this be enforced?

Trading Standards officers at local authorities will actively be responsible for responding to complaints about businesses which continue to impose card surcharges after 13th January 2018.

How does this effect my business?

Businesses that are currently applying a surcharge for using cards will have to make changes to stop doing this.

Does this cover all types of surcharges?

No. Extra fees that have nothing to do with the way you pay can still be charged. So, for example, a cinema or theatre can still charge a booking fee and an airline can charge for choosing a seat.
This ban does not apply to cash withdrawals via ATMs. It is also not applicable to purchases made using ‘commercial cards’ (e.g corporate credit cards)

This is a European rule, what happens after Brexit?

The UK rules are an extension of European rules under the second Payment Services Directive, to be precise.
Having been written into UK law, they will continue after the UK leaves the EU in 2019.

If I remove the surcharge for card payments, can I apply an alternative charge or increase my charges to recover this cost?

Yes, for example you may add charges for delivery, convenience, booking fees or administration. This new regulation simply restricts applying charges for using cards to make payment.

Any questions on the new payment surcharge changes, feel free to get in touch using the contact information below…
0113 819 7220

Not sure what you need? Get in touch.

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