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Business|CREDIT CARD SURCHARGE BAN ENDS

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CREDIT CARD SURCHARGE BAN ENDS

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By Stephen Engelberg

 * Feb. 27, 1984


Credit...The New York Times Archives
See the article in its original context from
February 27, 1984, Section D, Page 1Buy Reprints
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About the Archive
This is a digitized version of an article from The Times’s print archive, before
the start of online publication in 1996. To preserve these articles as they
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A law barring merchants from charging extra for purchases made with credit cards
is expiring Monday, opening the way for retailers to impose surcharges against
the more than 55 million American households that use credit cards.

But spokesmen for credit card companies predicted that few merchants would
demand the payments because Congress is likely to approve a short extension of
the ban within a few days.

Dan Crippen, an aide to Howard H. Baker Jr., the Senate majority leader, said
the Senate would probably schedule floor action this week on a measure that
would extend the law, which expires at 12:01 A.M. Monday, through May 15. A
similar bill, providing a six-month extension, passed the House last year.

The long-term prospects for continuing the ban, however, are uncertain. Key
Senators and the Federal Reserve Board have said they favor allowing surcharges,
provided they are limited to 5 percent of the purchase price and are properly
disclosed.



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'Part of Americana'

Both sides of the debate in Congress have cloaked themselves in the mantle of
consumerism. ''Credit cards have become part of Americana,'' said Senator
Alphonse D'Amato, Republican of New York, who is a member of the Banking
Committee. ''There will be nothing gained if we allow surcharges. It will bring
about a higher cost with no added value. The consumers of America will wind up
spending at least $10 billion for no value.''

But Senator Christopher Dodd, a Democrat of Connecticut who is also on the
Banking Committee, agrees with the arguments of the Federal Reserve. He contends
that the present system forces cash customers to subsidize credit customers
because retailers raise prices on all transactions to recoup the fees charged
them by card companies.

''We've extended this law for too long,'' said Mr. Dodd.

Lobbying Effort

The debate on the law has also inspired a fierce lobbying campaign by the credit
card companies, which fear that surcharges could make their product less
popular.



''We've been opposing surcharges for eight years,'' said Hugh Smith, senior vice
president of Shearson/ American Express. ''It could potentially hurt the image
of our cards with a few customers.''

Under the current law, retailers may offer discounts of any size for cash
transactions. Such unlimited discounts may continue once the law expires. Mr.
Smith said that consumers do not write angry letters to American Express about
such discounts, ''but they are quick to complain to us about a surcharge. We're
very sensitive about that.''



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According to a recent study by the Federal Reserve, cash discounts are offered
by more than 25 percent of the nation's gasoline stations, but only by 6 percent
of the remaining retail merchants.

A House aide said that one explanation for the relative unpopularity of cash
discounts is that retailers, aware that surcharges on credit purchases are
illegal, have erroneously assumed that discounts are not permitted.

The Cost to Consumers

The Fed study found that credit card companies charge an average of 3.1 percent
to merchants for each credit transaction. Some of this is absorbed by the
businesses and the rest - between 0.5 to 1.25 percent of the purchase price - is
passed on to the consumer.

The Senate Banking Committee and the Fed favor a proposal under which both
surcharges and discounts would be limited to 5 percent.

The House has shown little inclination to overturn the ban on surcharges. The
chairman of the House Subcommittee on Consumer Affairs and Coinage,
Representative Frank Annunzio, Democrat of Illinois, said he favors continuation
of cash discounts coupled with a permanent prohibition against surcharges.



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''Those people who are supporting a surcharge are doing an irreparable harm to
the consumers and to the economy of this country,'' he said. ''There isn't
anything in this country which isn't bought with a credit card. We're a credit
card society and we're talking about 600 million cards out there.''

Intense Protests Predicted

Mr. Annunzio said that if surcharges were permitted, it would spur public
protests as intense as those that accompanied plans for tax withholding on
interest income. That proposal was killed by Congress after members were deluged
with millions of postcards and letters.

Several consumer groups, who usually are allied with Mr. Annunzio, have broken
with him on the issue of surcharges.

''We're talking about billions of dollars in subsidy that cash customers are
paying,'' said David Greenberg, legislative director of the Consumer Federation
of America. ''If I buy something for $100 on credit, when the merchant sends in
his slip to the card company, he doesn't get $100. He gets $96 or $97. The
merchant has to make that up, and the way he does it is by adding to everybody's
price.''

Roughly 70 percent of American consumers use credit cards; the remainder pay by
check or cash, Mr. Greenberg said. ''That remaining 30 percent is important,''
he said. ''A lot of them are people who are too poor to afford credit.''


A version of this article appears in print on Feb. 27, 1984, Section D, Page 1
of the National edition with the headline: CREDIT CARD SURCHARGE BAN ENDS. Order
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