It is ILLEGAL to REQUIRE a minimum or maximum purchase when using a credit card
by gatsome on Dec.31, 2008, under Awesome Advice, Miscellaneous
Ladies and gentlemen, we’ve all been there. You’re at a bar, or making a small store purchase or just grabbing a coffee or soda at the gas station and they (sometimes asshole-ishly) tell you that they have a $5 minimum when you try and purchase it with a credit card. Some of you have even gotten wind that this isn’t even legal, but you’re not quite sure. You might even suspect it might be a state by state thing. Well wonder no more because it IS in fact illegal (in all 50 states). It goes against the rules the various credit card companies require their merchant/retailers to follow. Nothing has infuriated me more then being told I can’t make a purchase despite my insistence that it’s not in compliance. So I’ve gone through the trouble to map out just where each company specifies this information not only for my own reference but everyone who chooses to make a stand against shady practices.
Now it is our turn to look that douchebag in the eye and tell him to go fuck himself, because this shit isn’t going to fly anymore.
Lastly, since I am human I’m just as prone to making mistakes. If you see something that shouldn’t be there or should be corrected or you have any additional information PLEASE CONTACT me to update this guide. You can leave a comment or email me. I want this thing to be as precise as possible.
The following breaks down each credit card institution by where they specify this condition in their merchant rules/guidelines. I’ve added a link to the contact information to report these instances of merchant fraud. (Warning! Some PDFs! To make this easier I’ve transposed and referenced the exact section where this is so you don’t have to open the PDF if you don’t want to or are unable to do so.)
All links open in a new window. Happy hunting!
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MASTERCARD
Rules Homepage:http://www.mastercard.com/us/merchant/support/rules.html
Rules PDF: http://www.mastercard.com/us/merchant/pdf/MasterCard_Rules_5_08.pdf
What It States:
Section 5 – Merchants and Sales Transactions
5.9 – Prohibited Practices
5.9.3 – Minimum/Maximum Transaction Amount Prohibited
[A Merchant must not require, or indicate that it requires, a minimum or
maximum Transaction amount to accept a valid and properly presented Card.]
Contact Us – Merchant/Retailer Violation
http://www.mastercard.com/us/personal/en/contactus/merchantviolations.html
[] In order to make a MasterCard purchase, the merchant/retailer required a minimum or maximum amount.
As you can clearly see, there’s no denying the explicit ruling by Mastercard on this behaviour. They’ve even gone as far as to make that an actual check box on the violation form! Sounds like a common issue to me.
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VISA
Rules PDF: http://usa.visa.com/download/merchants/card_acceptance_guide.pdf
What it states:
(Numerical page 9, actual page 16 of 151)
[Always honor valid Visa cards in your acceptance category, regardless of the
dollar amount of the purchase. Imposing a minimum or maximum purchase
amounts in order to accept a Visa card transaction is a violation of the Visa rules.]
Visa FAQ
http://www.corporate.visa.com/ut/faq.jsp
[I believe a merchant has acted fraudulently. What can I do?]
[Please notify the dispute area at the financial institution that services your Visa account of any
merchant practices that you feel are inappropriate. Your bank has access to the appropriate Visa
rules and regulations as well as to the Notification of Customer Complaint forms which should be
used by your bank to document and file merchant complaints. It is not necessary for your bank to be
the merchant's financial institution in order to file a complaint for you. The address or telephone
number of the financial institution that issued your Visa card can be found on the back of your Visa
card or your Visa statement.]
Also very cut and dry here. There’s no marginally gray area or exhaustive use of complicated terms to confuse all parties involved. The only drawback is there’s no actual form to fill out. But contacting your issuing bank may be easier for you especially if they are local, which in most cases they are. Bonus points for making the call infront of the merchant themselves!
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DISCOVER
Operating Regulations: http://finance.tamu.edu/fmo/apcc/docs/Discover-Operating-Regulations.pdf
What it states:
2.8 – Minimum/Maximum Dollar Limits and Other Limits
[You may not require that any Cardholder make a minimum dollar
purchase in order to use a Card and you may not limit the maximum
amount that a Cardholder may spend when using a Card except when the
Issuer has not provided a positive Authorization Response for a Card
Transaction.]
Discover Fraud Prevention FAQ
http://www.discovernetwork.com/common/pdf/FraudPreventionFAQs.pdf
6. Where can I report suspected merchant fraud?
Please contact our Merchant Fraud Prevention Department at 800-347-3083.
A mix of Mastercard and VISA’s contact, you’re still phoning it in but it’s directly to Discover. Still some bonus points for immediate in-store dialing. Again, same simply linguistics in the regulations regarding minimum or maximum purchase amounts.
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AMERICAN EXPRESS
Merchant Policy: https://www209.americanexpress.com/merchant/singlevoice/USEng/FrontServlet?request_type=navigate&page=merchantPolicy
Merchant Policy PDF: https://www209.americanexpress.com/merchant/singlevoice/singlevoiceflash/USEng/pdffiles/MerchantPolicyPDFs/referenceguide_withfees_Final.pdf
What it states:
3.2 – treatment of the American Express brand
- [try to dissuade Cardmembers from using the Card,]
- [impose any restrictions, conditions, or disadvantages when the Card is accepted that are not imposed equally on all Other Payment Products, except for ACH funds transfer, cash, and checks,]
- [engage in activities that harm our business or the American Express Brand (or both),]
Message Center
https://www152.americanexpress.com/EformsWeb/un/ViewSuppressionPage.do?loc_str=en_US&utype=internet&origin=6
Type of Experience: [Merchant insisted on a minimum / maximum purchase amount.]
Amex is a little trickier with this rule as they do not explicitly say one way or another. But using circular logic and the right level of confidence with the prohibitive treatments stated, you can go a long way. For instance, since it’s against the rules for merchants or retailers to require a min/max amount on the other 3 cards, it would be very dissuasive to Amex users if they were the only cardholders subject to this tomfoolery. This also imposes a “restriction, condition or disadvantage” over all Other payment products for the same reason. The last example is also a no brainer. So by knowing the rules on other cards, you can legitimately fight this as an Amex customer as well!
To back this up I looked for contact info for American Express and one of the options on the first drop down box is regarding the minimum or maximum requirement!
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So there you have it. An in depth breakdown of how merchants and retailers sometimes force customers into purchases they normally wouldn’t be. This is highly shady and is against every single card company’s rules and procedures and if you report it, it will be fixed. Then one day you’ll absent mindedly walk in, make a sub-$5 purchase, receive no hassle in the process, and stare at the clerk with the self-satisfied smugness of a battle well won.
Knowledge is power.

December 31st, 2008 on 2:20 pm
Very interesting information, many thanks.
One important point of clarification I’d be curious to know about:
Is it actually “illegal” in all 50 states to do this, or is it only against company policies? There is an important difference.
If it is illegal, then the violators could be brought up on charges of violating a specific Federal or State law in court by the consumer, or by the card company.
But if it is “only” against company policy, not against a Federal or State law, then the vendor is only in violation of their agreement with the credit card company — which could revoke their privileges — but they couldn’t be taken to court by the consumer.
Any idea which it is? Or both?
December 31st, 2008 on 2:38 pm
I use the term illegal on purpose. It’s a more succinct way of putting it. As far as state laws go, I don’t think it’s illegal at the state or Federal level, although some cases are. For instance some states have a clear “No surcharge for credit use” law, like in New York. This makes it illegal for any company in the state to add a special charge when using a credit card, and many in this state actually do this, illegally.
In this instance I use the definition of illegal in direct correlation with the ruling that credit card companies have. So it’s illegal in relation to that. So while the term could potentially be misleading (and I appreciate the comment) I used it on purpose and correctly. I’m not asking anyone to take any merchants/retailers to court, simply by reporting them correctly can this problem be resolved, so I’ve only included the contact info for the various reporting aspects and nothing lawyer-like.
April 1st, 2009 on 7:40 am
Have you ever tried reporting it? Do they take it seriously?
April 25th, 2009 on 10:41 am
I went to a bar last night in Missouri with a friend I wanted to get a couple drinks which in my area is usually about 10 dollars give or take a buck. I only wanted 2 because i would have to drive later. Well I have a Visa and Mastercard bartender comes over says after 9:00 p.m. that the minimum purchase is $20.00 I said I dont want to drink that much, the bartender gets all bitchy and trys to sell my drink to someone else, my friend said I will pay for her drink the bartender said u gonna go over to the ATM she said “I have cash.” Needless to say we were treated like crap the rest of the night the owner came over and said she aint paying a 3 dollar fee everytime I want a drink and it is her discresion (sp?) on if she wants to make a minimum purchase requirement, this crap was outrageous treated like crap when we were paying customers because I only wanted to drink a small amount hey and ten dollars is still ten dollars, I dont know what to do because this is one of the few bars in town and I bet the crazy owner tries to get some kind of revenge if i turn this crap in.
September 12th, 2009 on 3:41 am
While most merchants who accept credit cards adhere to the terms and conditions set forth by credit card issuers, there are retailers who violate credit card issuer agreements. It’s up to the consumer to know when those rules are being broken, and to decide whether to make a fuss about it.
Purchase amounts: Merchants cannot impose minimum or maximum purchase amounts for credit card transactions.