As I understand the situation Amtrak would currently be prohibited from charging any kind of surcharge. Both Visa and MasterCard have rules that require all a company's outlets to handle credit card sales the same way. Since Amtrak has ticket offices in states where the practice is banned, it would be banned at all locations.
And for reference credit card surcharges are banned by law in California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas.
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Bud
Dats da "old rules", as part of financial reform, banks, issuers, and CC companies now "allow" their merchant accounts to recoup their fees, IF they want to. I'm betting that adoption will be slow, but eventually, these "fee recovery" options will just be too lucrative to pass up. Look at airlines as an example, thy charge for virtually everthing.
Years ago, while selling restaurant POS systems, we came up with way for the restaurant to recoup the FEES that they paid on CC tips, JUST the tip portion mind you. For a restaurant doing $1M a year in sales, with 75% paid with CC, it was an absolut , "no brainer."
Whike the servers who got the CC tips "ate" the fees, it was in such little chunks, they didn't feel the pain as bad. And if they complained, well, they were fre to go elsewhere. But to the restaurant, it was many times THOUSANDS of dollars per year in fees.....
Now extrapolate that to Walmart, or Southwest Airlines, or Amtrak...... Unless there is a competitive disadvantage to do so, you can bet businesses will adopt this, over time.