Is it legal for a store to require a minimum purchase to pay by card?

Going to pay for a couple of things with a card in a store and getting a "no" for an answer.

Oliver Thansan
Oliver Thansan
15 November 2023 Wednesday 15:25
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Is it legal for a store to require a minimum purchase to pay by card?

Going to pay for a couple of things with a card in a store and getting a "no" for an answer. There are fewer and fewer, but businesses that maintain a minimum purchase amount to accept payment with plastic have not disappeared. Is it legal?

Cards are the second most important means of payment after cash. Both in possession and frequency of use. And in 36% of commerce they are already the main means of payment, according to a recent Ipsos report. When you find yourself with a minimum amount in a store to accept them, you have to add something to the purchase to reach the minimum or turn around and leave.

Behind the requirement are the commissions that the entity makes to the business for each collection. But these are increasingly lower "and the vast majority of businesses have no problem with you paying even for a piece of gum with a card," reports the Bank of Spain on its banking customer portal. Stores choose to assume the cost, build customer loyalty and not lose a potential purchase.

Regarding the legality of establishing a minimum, "the standard does not establish any explicit treatment of this matter and, therefore, it would not be prohibited." It may be that the companies with which you operate do sanction the owner of the dataphone if they set minimum limits, but there is no prohibition as such. In any case, so that the consumer is informed and protected, the business should announce with a sign visible to the public if there are minimums to pay.

What payment regulations do prevent is charging a surcharge for paying by card. "It is not possible to charge a surcharge discriminating against its use," warns the Bank of Spain.

According to the latest survey on the use of cash published by the central bank in 2021, 84% of businesses no longer imposed a minimum or restriction for card payments. Among those who set it, the average was around 11 euros. "The trend indicates that fewer and fewer establishments will impose the minimum payment," says the entity.