Episode Details

Businesses that add fees to payment transactions face legal exposure from multiple directions, and the terminology matters. Regulators and courts draw sharp distinctions between a cash discount, which reduces the stated price for non-card payment, and a surcharge, which increases the stated price for card payment. A growing category of fees under names like convenience fees, processing fees, non-cash adjustment fees, and technology fees occupies contested legal ground, with enforcement authorities treating many of them as disguised surcharges regardless of what they are called. Ellen T. Berge and Leonard L. Gordon of Venable walk through how federal and state pricing transparency laws apply to each category, where liability turns on labeling versus substance, and what disclosure practices hold up under regulatory and litigation scrutiny. Attendees will leave with a clear framework for evaluating their clients' fee structures against current law. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.