In New York State, it is illegal for restaurants to charge you a surcharge for using a credit card if it is not listed.

Erie County posted a reminder on Instagram to all restaurant owners in New York State:

Did you know? In New York State, it is illegal for restaurants and other businesses to charge a credit card surcharge at checkout. Check your bill or receipt!

A reminder from the Erie County Office of Consumer Protection at: www3.erie.gov/consumerprotection/featured/general-business-law-ss518-ny-law-related-credit-and-debit-card-surcharges

Dave posted this on the Neighborhood app in the Williamsville/Clarence area. He said he went to pick up food from a local takeout place and when he got home he noticed a charge for the DELIVERY FEE. When he called to say he shouldn’t have received that charge because he actually picked up the food, they said that’s actually how we charge you when you use a credit card.

It turns out this is illegal.

We were charged almost $10 for paying for our weekend dinner with a credit card. This has happened a few times. I get the bill and another item is charged… because I use my credit card. Apparently restaurants do this because they have to pay a service fee to the credit card companies and don’t want to pay it. Instead, they pass that fee on to YOU.

However, if you see a restaurant doing this, it is obviously violating New York State law. Different laws apply to debit cards.

New York State says many businesses and customers are confused, stating on its website:

New York businesses must display accurate prices. A business can offer a discount when customers pay in cash, but it cannot charge more at checkout just because a customer uses a credit card,” said Secretary of State Rossana Rosado, who heads New York State’s Consumer Protection Division.

Here are two examples from the New York State website, both of which were VIOLATIONS of the regulations when using a credit card at a restaurant:

VIOLATION – Percentage Fee: Tabitha goes to eat at Tavern T. She sees a sign on the menu that says, “There is a 5% fee when using a credit or debit card.”

VIOLATION – Flat fee notice: Kevin goes to his corner store to buy some groceries. There’s a sign at the register that says, “$5 fee for credit or debit card purchases.”