24 Mar Can restaurants add credit card surcharges to bills in N.J.?

Q. It seems more and more consumers are seeing credit card surcharges on restaurant receipts. Are restaurants required to post the surcharge on the front door or inside the establishment in New Jersey? It seems more and more restaurants are passing these charges on to diners without letting us know in advance and we don’t always carry cash. Actually, we rarely have cash on hand. Charges of 3.95% add up quickly on a restaurant tab, especially if kids and family are involved.
— Frequent diner

A. Yes, a surprise surcharge is very annoying.

Merchants in New Jersey are not prohibited from imposing reasonable surcharges to recoup credit card fees, said the Division of Consumer Affairs.

However, pursuant to N.J.S.A. 56:8-2.5, the total selling price of an item must be clear and conspicuous to consumers at the point of sale.

It seems to us that if the surcharge wasn’t posted on a menu or at the entrance, but you only saw it when you received the bill after you had a meal, you might have a valid complaint.

“Whether a particular surcharge or the manner in which it is communicated to consumers violates any law enforced by the Division of Consumer Affairs is a fact-sensitive inquiry that depends on a variety of factors, including how clearly and conspicuously the business discloses the surcharge,” it said.

Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file an online complaint with the agency by visiting its website or by calling (800) 242-5846 to receive a complaint form by mail.

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This story was originally published March 24, 2022.

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