What is the OPT OUT program?
For many years, gas stations and utility companies have avoided paying fees on credit card transactions by offering a regular price and a non-cash price. Now any business that accepts credit cards can do the same thing. With the OPT OUT program, business owners can now reverse the profit loss on credit card sales and immediately that money back to their bottom line.
Is the OPT OUT program legal?
As of January 27, 2013 several Card industry changes went into effect with regard to the credit card company’s federal class action litigation settlement. The settlement required Visa and MasterCard to change some rules for merchants who accept their cards, including allowing merchants to “offer discounts" to customers who pay with cash.
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More recently in 2017 the Supreme Court reviewed a NY State case and ruled that business owners are protected by their 1st Amendment Freedom of Speech Right when offering a cash price and a non-cash price (in all 50 States).
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The OPT OUT program is not to be confused with a 'surcharge' program offered by some merchant services providers. A surcharge program has many other compliance requirements and is not legal in all 50 states.
How do I notify my customers?​
Clear and conspicuous signage is required by law to be displayed at the business entry point and at the point-of-sale to easily and accurately explain the discount program payment options – if a customer chooses to pay with cash or check, then the service fee is discounted.
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