26 Jul Where can I report surcharges for debit card payments?

Q. Some restaurants do not charge a fee when I pay via debit card, but most do charge the fee. The law says I should not pay the fee when I use my debit card. Clearly there is something going on here. Who do I email to report this illegal practice?
— Consumer

A. Let’s review the law — and why, as it seems, some of the businesses you visit seem to get around it.

It’s legal for stores, as long as they post the charge, to tack on a fee equal to — but not more than — they pay to process credit card transactions.

The only way to avoid it is to use cash or a debit card, on which they cannot assess the fee.

But when you use a debit card, many stores process debit cards as credit cards, and in that case, they can charge the fee. You’ll need to select “debit” and enter your PIN for it to be processed as a debit card.

If you can’t use the card as a debit, you’ll have to pay cash. Or you’ll have to agree to the fee.

But if you think a store is wrongly charging the fee, you should report it to the Division of Consumer Affairs.

Email your questions to .

This story was originally published in July 2024.

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