Credit
Card Charges
March/April
2003
To
Charge or not to Charge
o Charge or not to Charge - with credit
cards that is the question? You now have the right to charge extra when
your customers pay by credit card. But, do you want to?
On our way home from a motorcycle rally at the end of
the Australia Day weekend, my partner was charged 50 cents to use his
credit card to buy fuel. He was not advised of the charge (at least,
he can't recall seeing any poster at the console) and only noticed it
when he went to sign the authorization slip. He wasn't happy - for that
transaction, 50 cents was the equivalent of about 5% of the sale.
Since 1 January 2003, retailers have had the right to
charge a fee as part of the Reserve Bank credit card reforms. In its
review of credit card arrangements last year, the Reserve Bank concluded
that the old system whereby the international credit card schemes could
stop you passing on the merchant service fee was inefficient and unfair
on customers that pay by other (lower cost) means.
The Choice is Yours
Now, you don't have to charge for credit card transactions. The reforms
introduced by the Reserve Bank on 1 January just allow you to choose
whether or not you pass on the cost of accepting credit card payments.
When Caltex tried to inform its franchisee network of
the changes as well as providing system enhancements and POS material
to accommodate franchisees that wanted to introduce a credit card charge,
all hell broke loose in the media. "We did send out a memo to let
franchisees know of the reform process," says Daniel Feiler, Business
Communications Executive with Caltex. "And, at that time we were
assessing whether to introduce the charge at our company-operated sites.
The negative public reaction was a major part in our decision to not
surcharge customers purchasing fuel with credit or charge cards."
In the Caltex network this decision applies to 71 company
sites - about 3.5% of Caltex/Ampol retail outlets. Caltex does not know
exactly how many franchised sites have requested surcharging signage
as orders are being handled by a third party to ensure compliance with
the Trade Practices Act. However, there appears to be only a small minority
of sites charging for credit card payments.
Feedback from the other major oil company networks confirms
the trend. None of the majors will be charging for credit card payments
at the sites they control. This includes the Shell multi-site franchisees
(the vast majority of the Shell network), the 300 sites in the BP franchise
channel, and the 40 or so Mobil company owned and operated sites. Only
a few independent retailers are introducing the charge.
"Any BP branded site within the dealer and distributor
channels - as independent owner/operators - have the opportunity to
introduce a surcharge based on their own individual decision,"
says Matthew Davidson, Electronic Services Marketing Manager, BP Retail.
"Information received so far indicates that only a small number
of these sites has established a surcharge."
The Reserve Bank argues that the community will benefit
if customers pay for the service they use and those that choose a lower
cost method enjoy better prices. But people don't seem to think that
way. What they don't know doesn't seem to hurt them - consumers that
are cross-subsidising by paying cash don't seem to be nearly as upset
as credit card users charged for the first time, even though it may
be fair to pass the charge on.
Obligations to your
customers
Petrol retailing is no different from the rest of the retailing world,
with large retailers choosing not to introduce a charge and some smaller
retailers deciding that it is the best way for them to recover their
costs. And it does cost. At an average rate of 2%, this represents approximately
2 cpl, a significant chunk of the average 5 cpl difference between the
retail price and the terminal gate price. Credit cards are used in about
50% of purchases at service stations. However, you should also consider
the cost to you of managing a higher level of cash in your business.
Cash handling is a significant business expense. There may also be additional
costs in modifying systems to account for the charge.
If, on balance, you decide the surcharge makes good business
sense for you, make sure you are within the law. Your obligations to
customers are spelled out in the pamphlet produced jointly by the Australian
Securities and Investments Commission (ASIC) and the Australian Competition
and Consumer Commission (ACCC), called 'Merchant pricing for credit
card payments'. Further information and a copy of the pamphlet can be
obtained from either ASIC on 1300 300 630 / www.asic.gov.au or ACCC
on 1300 302 502 / www.accc.gov.au. You can also visit www.rba.gov.au
and look for the publication, 'Reform of Credit Card Schemes in Australia',
under Payments Policy in the Payments System section of the website.
The main points
are:
- You must make sure your customers are aware
that the credit card fee will apply;
- You must make sure your customers are aware of the
amount to be paid;
- You must let them know these things before they enter
into the transaction;
- You must make sure they are not led to believe you
are required to charge a fee;
- If the fee is higher than the cost, you must make
sure you don't mislead them into thinking you are only covering the
cost.
That should keep ASIC happy, but you should also be aware
of the ACCC's concerns. Under the Trade Practices Act, you must make
your own decision about whether to charge for credit card payments and
the amount, and not enter into any agreements or understandings with
other retailers.
The service station owner we visited on Australia Day
was within his rights to charge the fee, but the owner was probably
out of order by not providing sufficient information to his customers.
More to the point in the real world, if you don't want an argument with
a big hairy tattooed biker, tell him about the charge before he fills
up his tank.
The material here should not in any way be taken as legal
advice. If you are unsure of your obligations under the law, contact
either the relevant authority or your lawyer.
Postscript
There is a bright spot in all this. The other Reserve Bank reforms introduce
more competition in the credit card market and, from 31 October 2003,
a reduction in the interchange fees that form part of the merchant service
fee. That is, unless reforms are delayed by the legal action being brought
by Visa International.