[WSBAPT] Credit card charges

[Nick Pleasants]

I personally think surcharging is not worth the hassle. Visa and MasterCard also have rules about the practice and require advance notice to the processing network that you are intending to do it. Visa just lowered the limit from 4% to 3%. It is prohibited to surcharge on a debit card. See this blog post from LawPay https://www.lawpay.com/about/blog/credit-card-surcharge-rules/
If you want to surcharge, you should definitely use a processor like LawPay or Gravity Legal that has the feature built in so that you are not calculating it yourself and risk mistakenly violating these rules. The surcharge cannot exceed your actual cost to process the transaction.
Or alternatively, you could offer a discount for payment by check or cash. That wouldn't subject you to all these rules.
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Friday, July 28, 2023 11:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Credit card charges

I haven't added any such language to my fee agreement.  If I was going to do so, I would first take a look at WSBA Advisory Opinion 2214, which deals with charging credit card transaction fees to the Client.

Here is the link to that opinion: https://ao.wsba.org/print.aspx?ID=1660

Mark B. Anderson
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Ken Luce
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To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Credit card charges

Has anyone added language to their fee agreements that includes adding the credit card charge if debit or card used to pay bill?  If so, would you please send me the language.

Kenyon Luce
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