Ridiculous Restaurant Charge Banned in New York State

It is illegal for restaurants in Erie County to charge you extra for using a credit card if it is not posted.

Dave posted this in the Neighborhood app in the Williamsville/Clarence area. He said that he went to go pick up food at a local food place and when he got home he noticed that there was a charge for DELIVERY FEE and when he called to say that he should not have gotten that charge because he actually picked up the food, they said that it was actually the way we charge you for using a credit card.

It turns out that this is illegal.

We were charged almost $10 because we paid for our dinners with a credit card over the weekend. This has happened a few times. I get the bill and another line item will be charged...because I use my credit card. Apparently, restaurants are doing this because they have to pay a service fee to the credit card companies, but don't want to pay it. Instead, they pass that charge onto YOU.

But, if you see a restaurant do that, they are in violation of the New York State law, apparently. The law is different from debit cards. 

New York State says that a lot of businesses and customers are confused, according to their website:

New York businesses must advertise accurate prices.  A business may offer a discount if consumers pay in cash, but cannot charge more at the register simply because a consumer uses their credit card", said Secretary of State Rossana Rosado, who oversees the New York State Division of Consumer Protection.

Here were two examples on the New York State website that were both in VIOLATION if you were to use a credit card at a restaurant:

VIOLATION--Percentage Fee: Tabitha goes into Tavern T for a meal.  She sees on the menu a sign that says, “if you use a credit or debit card, you will incur a 5% fee.”

VIOLATION--Flat Fee Notice: Kevin goes into his corner store for some groceries.  A sign at the register says, “$5 fee for credit or debit card sales.”