We received a check in the mail yesterday from Regional stating:
"A review of the records on your account since January 1, 2009 indicates that you were charged, and we received, on or more fees on your account for the convenience of payment by credit card, debit card, telephone or use of our website. Texas law does not authorize this fee on this type of contract. These convenience fees therefore should not have been charged or received on your account. We apologize for this error and are refunding the convenience fees that were received on your account during this period. Attached to this letter you will find a refund check in the amount of $60. We also waive any unpaid convenience fees on your account. This letter is not a request for payment. If you have any questions, please contact us at [protected], option 6, or at P.O. Box 20126, Greenville, NC 27858"
This is the law in Texas:
Sec. 339.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD. (a) In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.
(b) This section does not apply to a state agency, county, local governmental entity, or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges.
(c) The Finance Commission of Texas shall have exclusive jurisdiction to enforce and adopt rules relating to this section. Rules adopted pursuant to this section shall be consistent with federal laws and regulations governing credit card transactions described by this section. This section does not create a cause of action against an individual for violation of this section.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999.
Acts 2005, 79th Leg., Ch. 1018, Sec. 2.15, eff. September 1, 2005.
In review of the demanded payment history, by my count, they owe me over $300, much more than the $60 they are proposing I accept.
If you live in Texas, and if you get a check, do your homework and see just how many fees they've hit you with. I plan to fight this nominal fee and demand my money back.