Surcharging in Canada
One-in-two businesses report credit card fees have increased in-store in the last 3 years
78% of Canadians own credit cards linked to rewards, most of which carry a higher cost for merchants to accept
The US has been able to surcharge credit card transactions since January 27, 2013
What is the Credit Card Class Action Settlement and what does it meant to your business?
What is the Credit Card Class Action Settlement and what does it meant to your business?
CFIB Takes On The Credit Card Industry
CFIB Takes On The Credit Card Industry
Who is CFIB?
What’s Our Members Are Saying
What our members are saying
How Much You'll Receive
Eligibility
FAQ - How do I claim my money?
When can I expect to receive my claim payout?
After the claim portal closes on September 30, 2022, the administrators will evaluate the number of claims before paying out claimants before the end of 2022.
My business is now closed, am I still eligible?
Yes, if you collected credit card payments between March 23, 2001, and September 2, 2021, you will be eligible to claim money from the settlement.
What is the cost of submitting a claim to the settlement? Do I need a third-party provider?
There is no cost to submitting a claim to the settlement. The process is simple and requires no documentation for small businesses. Some third-party providers may offer to submit your claim on your behalf for a fee.
What is the deadline to submit a claim to the settlement?
Merchants will have until September 30th, 2022 to submit a claim through the Online Claim Portal or postmarked mail.
You cannot submit a claim after the deadline. Any questions or concerns about the deadline can be directed to the Claims Administrator.
Can I appeal if my claim is rejected?
No, undocumented claims cannot be appealed. An appeal process only exists for medium and large businesses who decide to submit a documented claim. These must be sent to an arbitrator within 30 days of a Decision Notice and require a $150 filing fee.
How do I report the settlement money in my taxes?
According to the Canada Revenue Agency, this settlement money should be treated as income and is subject to tax.
Who do I contact for issues or complaints with my claim?
As of May 30th, when the portal opens, you can contact the Claims administrator who will be able to assist you in filing a claim form at no cost. Until May 30th, you can:
- Register to stay informed and receive direct notice of any important developments, including when to make a claim
- Email any questions to the lawyers
How can I learn more about the lawsuit?
The Credit Card Class Actions Settlements have a website with more information.
Frequently Asked Questions
What is surcharging?
A credit card surcharge is an additional fee that a merchant can choose to charge a consumer’s bill when they pay with a credit card at the point of sale.
Does using my credit card cost a business money?
Each time a credit card is used, the credit card companies charge the business a percentage of the transaction amount as a fee. This percentage can range from 1% to 3% or more per transaction, but really varies depending on the type of card and the type of transaction. Generally, the more rewards your card offer (i.e., travel points, cash back, insurance), the more it costs the business to process your transaction.
Which credit cards will merchants be able to surcharge?
Merchants can choose whether to surcharge on the credit card brand (all Visa and Mastercard transactions) or specific types of credit cards that carry a higher merchant fee (eg. Elite/Infinite that provide the consumer with points or “cash back”). They can only surcharge the amount that they pay as a merchant to a maximum of 2.4%.
Does this change anything when I pay with debit payments?
Merchants have long had the right to add a fee to debit card transactions. This continues to be an option for merchants, save for businesses that operate in Quebec where the provincial Consumer Protection Act does not allow it.
Why are businesses suddenly adding a surcharge?
Until now, most businesses were not permitted to surcharge. Following a class action lawsuit, Visa and Mastercard are allowing businesses to pass along the cost of processing a credit card transaction to consumers.
Are all businesses going to surcharge?
No. All Merchants now have the option to surcharge. It will be up to each individual business owner to decide.
What if the business doesn’t accept cash or debit?
Businesses can decide which legal tender(s) to accept. Should a business only accept credit cards, they can still choose to surcharge credit card transactions; however, the customer must have the option to cancel their purchase if they do not want to pay the surcharge.