[WSBAPT] Off Topic: Accepting Credit Card Payments
Andrekita Silva
ak at seattle-silvalaw.com
Fri Jun 18 14:17:54 PDT 2021
Law Office of
F.ANDREKITA SILVA
____________________________________________
June 18, 2021
Stacey, that was a good reference to advisory opinion #2214. I just
looked it up.
It says there is no prohibition pursuant to RPC’s on passing on
surcharges/ fees, but that most credit card companies prohibit it!
So, you might violate your credit card agreement.
I googled this as I know that LawPay’s sends out stuff saying “okay to
pass this charge to clients”.
As it turns out, opinion 2214 was written in 2012. In 2013, there was
a class action suit on this issue and now, in all but about 5 states,
you can pass on these charges so long as you notify your credit card
company you will do so.
I still think of it as the cost of doing business and that it would be
an irritant to a client.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting Stacey Romberg <stacey at staceyromberg.com>:
> I completely concur with Heather re: Law Pay. And please see WSBA
> Advisory Opinion 2214 re: whether credit card transaction fees may
> be charged to a client.
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> STACEY L. ROMBERG, Attorney at Law
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Heather de Vrieze
> SENT: Friday, June 18, 2021 12:52 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Off Topic: Accepting Credit Card Payments
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> Not sure about passing the processing cost on to clients, but we
> accept credit cards and find LawPay to be the best platform around.
> They aren’t the cheapest, but I have found their customer service to
> be amazing, their ability to receive payments into our operating
> account or IOLTA (taking all fees out of the operating account),
> without needing two separate customer accounts.
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> Heather
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> Heather S. de Vrieze
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> FROM: wsbapt-bounces at lists.wsbarppt.com[7]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Elizabeth Bateman
> SENT: Friday, June 18, 2021 12:30 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Off Topic: Accepting Credit Card Payments
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> Those of you with small firms, do you accept payment by credit
> card? Are you willing to share your process? Is there a platform
> you recommend? Has anyone done the research into whether it’s
> legal/ethical to pass a processing fee on to the client who chooses
> to pay with a card?
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> Thanks for your insight!
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