Cash Discount Program Disclaimer
By clicking the “[Proceed]” button below, you (the “Merchant”) are acknowledging that North American Bancard, LLC (“NAB”) is providing its cash discount program (the “Program”) in order for the Merchant to provide cash discounts to its customers who elect to pay by cash instead of a credit card.
While federal law generally permits giving discounts for payments by cash, check or similar means, the Merchant is responsible (and therefore NAB does not take any responsibility) for the Merchant’s compliance with all applicable state laws prohibiting credit-card surcharging.1
In addition, the “service fee” feature included in the Program may constitute surcharging under applicable credit card association rules. Visa’s merchant rules can be found at: https://usa.visa.com/dam/VCOM/download/about-visa/visa-rules-public.pdf. MasterCard’s merchant rules can be found at: https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html. American Express’s merchant rules can be found at: https://icm.aexp-static.com/Internet/NGMS/US_en/Images/MerchantPolicyOptBlue.pdf.
PLEASE CONSULT YOUR LEGAL ADVISOR TO DETERMINE WHETHER THE FEATURES YOU WILL BE USING THROUGH THE PROGRAM ARE IN COMPLIANCE WITH APPLICABLE LAW AND CREDIT CARD ASSOCIATION RULES, INCLUDING ANY DISCLOSURE AND/OR SIGNAGE REQUIREMENTS.
THE MERCHANT MAY ALSO BE SUBJECT TO UNFAIR AND DECEPTIVE ACTS AND PRACTICES STATUTES AND OTHER CONSUMER PROTECTION LAWS IF THE MERCHANT APPLIES ANY OF THE FEATURES INCLUDED IN THE PROGRAM IN A DISCRIMINATORY OR INCONSISTENT MANNER, OR WITHOUT ADEQUATE DISCLOSURE.
NORTH AMERICAN BANCARD, LLC WILL NOT BE RESPONSIBLE FOR THE MERCHANT’S COMPLIANCE WITH ANY APPLICABLE LAW OR CREDIT CARD ASSOCIATION RULES. IF YOU HAVE ANY QUESTIONS REGARDING ANY OF THE ABOVE, PLEASE CONSULT YOUR LEGAL ADVISOR.
1 As of September 2017, California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, Texas and Puerto Rico prohibit merchants from charging consumers surcharges on credit card transactions (California and New York are not currently enforcing these laws due to litigation). These State or Commonwealth laws prohibiting surcharging not only apply to the merchants located in such State or Commonwealth but also may apply to remote charging a credit card (i.e., the card is not physically present at the time of transaction) issued to a resident of such State or Commonwealth, or charging a credit card pursuant to a contract or a transaction with a resident of such State or Commonwealth regardless of where the merchant is located or where the credit card is charged.