The ACCC is encouraging businesses to review their card payment surcharges to ensure they are in line with their cost of accepting card payments.
Misleading surcharging practices and other add-on costs is a compliance and enforcement priority for the ACCC in the 2025-26 financial year.
ACCC Deputy Chair Mick Keogh says businesses need to ensure their customers know about any card payment surcharges upfront, and that they are only charging what it costs them to accept those card payments.
“We understand that small businesses need to be across a lot of information to comply with all of the laws that apply to their business, however, charging excessive surcharges and not being upfront with customers about pricing can result in small businesses losing customers,” he says.
“It is important for small businesses to ensure they understand their obligations and check their costs of acceptance to know what amounts they can legally charge their customers as a payment surcharge, as well as reviewing how they inform customers of their prices, including any applicable surcharges.”
The Australian Consumer Law prohibits businesses from misleading people about the prices they charge. The Competition and Consumer Act also prohibits businesses from charging a card payment surcharge that is excessive. A card payment surcharge is considered excessive if it is higher than the business’s ‘cost of acceptance’.
The ACCC has commenced an education and compliance campaign to inform businesses, particularly small businesses, of their obligations and help them to comply with the relevant laws.
The organisation will also be actively monitoring business compliance and says it may take appropriate compliance or enforcement action, in line with its Compliance and Enforcement Policy.
