In recent years, wineries, stores and commercial establishments have begun to offer their customers the option of paying with a credit card instead of using cash. This alternative simplifies buying and selling transactions, but often, when making payment, users are asked to assume the additional cost that involves the use of digital media.
In this context, it has been observed that buyers can pay up to 5% extra if they choose to use a credit card. The implementation of an additional charge for the use of cards is an issue that varies according to the legislation of each country. This has raised questions about the legality of this type of additional charges. What does Indecopi say?
Is it allowed to charge a commission for paying by card?
According to the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), the Consumer Protection and Defense Code establishes that commercial premises that apply an additional charge for the use of Credit cards They must inform customers as soon as they enter the establishment.
This information must be clearly visible through posters or other means of communication that allow the user to know these conditions. Consequently, buyers are not allowed to discover this additional charge only at checkout.
Consumers must be informed in advance so that they can decide if they want to make their purchase at that store or prefer to look for one where an additional percentage is not applied for the use of Credit cards. This measure seeks to guarantee transparency and protect the rights of consumers, allowing them to make informed decisions about their purchases.
“In the event that the supplier differentiates the price of the product or service based on the payment method, such as Credit cards or others, said information must be made known to the consumer, prominently, in a visible and accessible manner in the premises or commercial establishment through posters, notices or other similar. In the event of non-compliance by the supplier, consumers cannot be forced to pay additional sums, and the price set for the product or service must be respected,” establishes article 7 of the Consumer Protection and Defense Code.
How much is the fine for not notifying the collection of commissions?
According to current regulations, the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) may impose fines on businesses that do not provide clear and timely information about additional charges for the use of Credit cards. The sanctions can vary from a reprimand to S/2 million 70,000 (450 Tax Tax Units, UIT).
Furthermore, the Indecopi recommends that consumers request the Complaints Book to report any breach of this regulation. In this way, the aim is to ensure that consumer rights are respected and that businesses comply with their obligations to adequately report any additional costs associated with payment methods.
Source: Larepublica
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