legal to charge extra or different price for credit card? Or a contract that says merchant can't discriminate in pricing? The case law is Sears V MasterCard 7th circuit about 1974. MasterCard had a contract clause about different pricing not allowed, Sears had different pricing for their cards and Mastercard complained--so Sears put a big notice at cash registers for customers and MasterCard tried the court route-and lost big time. Private contract clause in restraint of interstate commerce is not enforceable, attempts to enforce may lead to court costs and legal fees awarded to the merchant being picked on by credit card company. Cash discounts in most states allowed to be posted, merchant card pricing less than main credit card pricing allowed- do you see where Menards Card price is about 1/2% less than VISA and sometimes 2% less than MasterCard? - legal. Accomidating ATM machines in Kwik Trips for the cash needed- they aren't Kwik trip and any fees charged are from CC company. Local tire shop has a sign saying American Express user WILL be charge 8% handling fee, any complaints are to be taken to the bank and the banks lawyer when he calls will be told to bring a set of tires and wheels and prove they can mount them at the bank-HUH!?. Tire shop won't do bank business for American Express unless American Express agent/legal rep will do the tire job, don't like it here is State Attorneys number and we can get a conference call- and that is going to cost you $200.00/hour and the state will help collect it by pulling the law license for frivolous law suit or threats to file. AmEX card holders usually pay cash afterwards, The states attorney tells them the Sears V MasterCard case and says any 'honest' lawyer knows it. The merchant that quotes the case usually has credit card reps get nervous- unless a state law has been passed that address different pricing and notice at cash register with notice of Sears V MasterCard then any attempt to enforce a no different pricing, merchant eats the fees clause can get the credit card company in expensive trouble- the simple way courts prefer is simple cancel whole contract. A couple merchant associations have told the credit card companies that they'll take the new cards IF credit card company provides the equipment- otherwise they go 'third party' and add extra fees to the bill and tell customer why. Interesting things coming soon- The Amish cash box may make a comeback next to the ATM machine.
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Today's Featured Article - New Life for an Old Allis - by Tyler Woods. My friend Jon, has an old '39 Allis Chalmers B. He thought it a marginal tractor that had long since served its time. She smoked terribly and never had much power but he couldn't afford another so he was limping along with what he had. Jon's Allis has a small front loader and though it doesn't carry much, it serves his needs. It was the hard starting and low power that made him think it was time to replace the old girl. Jon called me to help him discover why his tractor wouldn't start
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