Are you one of the people who make bank card transactions? It has surely happened to you that when making your payment by credit or debit card, trade makes you an additional position to your purchase, but have you wondered why? o If this is correct or legal?
Well, let us tell you that you should no longer allow this situation because the establishment would be breaking with what the businesses agree with banking institutions, that is, in the contracts for the use of point of sale, it is clear that the payment of this service should not have an impact on the cost of the goods and services promoted by the businesses with their clientele.
According to the Federal Consumer Prosecutor (Profeco)in any commercial transaction, the collection of commission for payment by credit or debit card is a violation of the Federal Consumer Protection Law (LFPC).
The supplier is obliged to inform the final price, in a noticeable and visible way, of the goods, products or services that offer consuming persons, as mentioned in article 7 bis of the LFPC:
“The supplier must inform the total amount to be paid for the goods, products or services offered to the consumer. This amount must include taxes, commissions, interests, insurance and any other cost, charge, additional expense or expenditure that is required to be covered on the occasion of the respective acquisition or contracting, whether it is in cash or credit.”
In this regard, the National Commission for the Protection and Defense of Users of Financial Services (Condusef) also considers that these types of practices, in addition to being undue to condition the acceptance of this form of payment and be onerous for the cardholder, hinders the promotion of financial inclusion, since the user receives the wrong message that paying with a card costs more than paying with cash.
What to do if a trade wants to charge you the commission that this must pay?
Among the Recommendations by the financial entity It is suggested:
- Cancel the purchase or service and go to another establishment that does not charge you commission.
- Present your complaint to the banking institution that owns TPV.
- If your complaint is not attended, go to the Condusef, which will give you advice.
- You can also turn to Profeco.
Fines for violating the LFPC when charging commission for credit or debit card?
The fines for the breach of the aforementioned article are established in article 127 of the LFPC and VAN of the 733 pesos to 2,345,728.71 pesos.
So no business can make an extra charge for the use of the point of sale terminal. Even in the terms and conditions of the contracts for the provision of trade affiliation service, which the banking institutions and suppliers are registered, and that are registered with the National Commission for the Protection and Defense of Financial Services Users (Condusef), they establish that one of the causes to rescind it is to collection or transfer of the commission to cardholders or load some other additional amount.
The Profeco recalls that consummer people can not be forced to pay or give an amount for a tip, this is a voluntary, generally economic gratification, which is offered by a service received.
This practice incurs article 10 of the same law, which states that “suppliers may not apply coercive and unfair commercial methods or practices, nor abusive clauses or conditions imposed in the supply of products or services”, so the tip cannot be included in the final account.
In the event that any establishment or supplier applies a commission charge with payment by bank card or by tip, consumers may go to any of the 38 defense offices The Consumer (ODECO) of the country, or present their complaint through the different care channels of the institution.
