Updated guidance on The Consumer Rights (Payment Surcharges) Regulations 2012

Overview

BIS is seeking the views of stakeholders on draft revised guidance on the Consumer Rights (Payment Surcharges) Regulations 2012.

Contributions should be sent by close on Friday 20 March 2015.

Why your views matter

Initial guidance was issued by BIS in March 2013. In June 2014, the European Commission published guidance on implementing the Consumer Rights Directive 2011/83/EU, which included guidance on Article 19 prohibiting traders from charging consumers fees (payment surcharges) that exceed the cost borne by the trader for using a particular means of payment. In addition we received submissions from business and enforcers requesting clarification on a number of areas of the regulations. In particular, the draft revised guidelines seek to clarify:

• The ‘internal’ and ‘external’ business costs that can legitimately be covered when applying a payment surcharge; and,
• The interaction of these regulations with other consumer legislation and the obligations imposed on traders to actively seek the consent of consumers for all payments.