FRESNO, Calif. (KMPH) –- Nickels and dimes, pennies, and quarters, that's what many stores across the Valley charge you to pay with a credit card.
Although there's a law against it, they do it anyway.
“The crime that's being committed is a civil crime, it's against the code. And there is not an agency that is set up to enforce this code. And that's where the consumer has to advocate for themselves,” said Blair Looney, CEO of the Central California better Business Bureau.
We went to six different stores that our viewers told us about.
We bought stuff, paid with a credit card, paid fees ranging from a quarter to 75 cents, got a receipt that shows the fee, then we went in with our camera to confront the clerks.
Many of them claimed to be ignorant of the law.
“I don't know. my boss say, but I don't know,” said one clerk we confronted at Broadway Liquor on Shaw and Marty Avenues in Northwest Fresno.
When we asked, “Did you know that's against California law and against credit card agreements?”
He replied, “I don't know, I'm new here.”
Some clerks tried to justify the illegal fees.
“Every transaction costs like 63 cents, but we charging 55 cents. We're not saying $1 or $2,” said one manager.
A clerk at Palm Bluffs Liquor on Palm and Nees told us, “You know ma'am the bank charge us, so whenever you slide the card, the bank charge a price. That's why we charge you. the last month, the bank charged us $1,440 you know, it's too much for a month.”
We replied, “Well your agreement with the credit card company is the price of doing business with them, you're not supposed to pass that on to the customers.”
He said, “I know, but I asked my manager about that. Everybody ask me why you charge 50 cents. my manager told me, the bank charge us.”
One clerk at Johnny Quik Food Stores on Shaw and Brawley told us to leave the store after we confronted him.
And the manager at Evergreen Food Store on Clinton and Brawley did the right thing, only after he insisted the law did not exist.
Anyhow, he refunded me the 50 cents he charged me to use my credit card.
So what's a consumer to do if he or she wants to keep their change?
“The consumer has the right to stand up for themselves with the merchant. the civil code provides what the penalty is. they have the right to stand up with the credit card company, and tell the credit card company you've got a merchant out there that's in violation of their contractual obligation…and the third part is the consumer can walk, and go do business with someone who doesn't charge the fee,” said Looney.
Visa will back its cardholders.
It issued this statement:
“Visa does not allow merchants to charge consumers a fee for using a visa card because we do not believe that cardholders should be penalized for using their cards.”
They're telling people to call the number of the back of their cards to report the store name and location.
Visa could take action against the store.
But until consumers take action first, the credit card companies, the local District Attorney's Office, even the State Attorney General's Office won't go after the stores that are breaking the law.
“I don't believe consumers are aware that it is against the California Civil Code to do this. And so they figure it's a cost that businesses and it's being passed on to me, and I'm a consumer and I'm used to paying this,” said Looney.
The Fresno County D.A.'s Office says this practice is under investigation, but they need victims — people who've been charged credit card fees — to come forward.
The reality is, if we as consumers really want to fight these fees, we have to do the work, we have to file consumer complaints.
You can file with both the State Attorney General's office the Fresno County District Attorney's office.
Fresno County District Attorney's Office:
http://www.co.fresno.ca.us/DepartmentPage.aspx?id=6040
California State Attorney General's Office:
http://ag.ca.gov/contact/complaint_form.php?cmplt=CL
Government agencies are exempt from the credit card fee law and can legally charge the fees when payment is made with a credit card.
KMPH FOX 26