Public Notice to Prohibit the Setting of Minimum or Maximum Transaction Limits and Surcharging on Debit & Credit Card Payments by Merchants
1. Introduction and Background
The Payment Association of Namibia (PAN) is empowered by the Payment System Management Act (PSM Act), 2003 (as amended), Section (3)(1) to manage the National Payment System (NPS). With this comes the responsibility to ensure compliance within the NPS to local and international card operating rules and regulations.
PAN has learned that some merchants are adding a surcharge (additional fee) to card transactions or are setting minimum or maximum transaction amounts as a condition for accepting debit or credit cards for payment. Such practices have a negative impact on consumers and are in direct violation of VISA International Operating Regulations (ID#: 111011-010410-0006948 and ID#: 111011-210710-0026405) and MasterCard Rule 5.11.3.
PAN has learned that some merchants are adding a surcharge (additional fee) to card transactions or are setting minimum or maximum transaction amounts as a condition for accepting debit or credit cards for payment. Such practices have a negative impact on consumers and are in direct violation of VISA International Operating Regulations (ID#: 111011-010410-0006948 and ID#: 111011-210710-0026405) and MasterCard Rule 5.11.3.
2. Acquirers and Merchants
Acquirers and Merchants must comply with all card operating rules and regulations to protect the integrity of the payment systems.
Merchants are reminded that they are required to:
• Treat all debit and credit card payments like any other method of payment without additional costs (surcharges) added to the value.
• Honour valid debit and credit cards in their acceptance category regardless of the dollar amount of the purchase.
Acquiring banks are reminded to ensure:
• Merchants do not differentiate methods of payments by imposing a surcharge fee on any card payments.
• Merchants do not impose a minimum or maximum purchase amount for the acceptance of card transactions.
Merchants are reminded that they are required to:
• Treat all debit and credit card payments like any other method of payment without additional costs (surcharges) added to the value.
• Honour valid debit and credit cards in their acceptance category regardless of the dollar amount of the purchase.
Acquiring banks are reminded to ensure:
• Merchants do not differentiate methods of payments by imposing a surcharge fee on any card payments.
• Merchants do not impose a minimum or maximum purchase amount for the acceptance of card transactions.
3. PAN’s Position
Carrying around large amounts of cash poses a risk to the individual. With a debit or credit card, you can pay for goods and services in a safe and secure manner. Cards also offer a fast and convenient way to shop. Penalising consumers for using payment cards is not only in contravention of card operating rules, but also unfairly shifts the cost of electronic payments onto the consumer.
4. Complaints and Penalties
The public is encouraged to report any non-compliance with this notice to PAN. If PAN becomes aware of a merchant’s non-compliance with any operating rules and regulations, PAN may notify the acquirer of such non-compliance and the acquirer must promptly ensure the merchant discontinues the non-compliance practice immediately.
Failure to comply with this notice, PAN may pursue remedial measure(s) as provided under Section (16A)(1) of Payment System Management Act, 2003 (as amended), or the relevant card operating rules and regulations.
Failure to comply with this notice, PAN may pursue remedial measure(s) as provided under Section (16A)(1) of Payment System Management Act, 2003 (as amended), or the relevant card operating rules and regulations.
5. Enquiries
All enquiries related to this notice shall be forwarded to:
The Chief Operating Officer (PAN)
P.O. Box 134 2nd Floor Rieks House
c/o Feld and Rieks van de Walt Street, Ausspannplatz Windhoek
Telephone: 061 – 415 420
Email: info@pan.org.na
The Chief Operating Officer (PAN)
P.O. Box 134 2nd Floor Rieks House
c/o Feld and Rieks van de Walt Street, Ausspannplatz Windhoek
Telephone: 061 – 415 420
Email: info@pan.org.na
Takeaways
Prohibition on Minimum/Maximum Transaction Limits and Surcharging on Debit & Credit Card Payments
The Payment Association of Namibia (PAN), as empowered by the Payment System Management Act, 2003 (as amended), Section 3(1), is mandated to manage the National Payment System (NPS). As part of this mandate, PAN is responsible for ensuring compliance with national and international card operating rules and regulations.
It has come to PAN’s attention that some merchants are imposing surcharges (additional fees) on card transactions or are setting minimum or maximum transaction values as a condition for accepting debit or credit card payments.
These practices are:
It has come to PAN’s attention that some merchants are imposing surcharges (additional fees) on card transactions or are setting minimum or maximum transaction values as a condition for accepting debit or credit card payments.
These practices are:
Acquirers and Merchants
All acquirers and merchants are reminded of their responsibility to comply with all card scheme rules and maintain the integrity of the payment system.
Merchants are required to:
Merchants are required to:
Acquiring banks are responsible to ensure that:
PAN’s Position
Using a debit or credit card is safer, faster, and more convenient than carrying large amounts of cash. Penalising consumers for choosing card payments by adding extra costs or enforcing transaction limits is:
PAN firmly prohibits such practices and urges full compliance from merchants and acquirers alike.
Complaints and Penalties
Consumers are encouraged to report merchants who impose card surcharges or set transaction limits.
If a merchant is found to be in non-compliance, PAN will notify the relevant acquirer, who must ensure immediate correction of the violation.
In cases of continued non-compliance, PAN may take remedial action as allowed under:
If a merchant is found to be in non-compliance, PAN will notify the relevant acquirer, who must ensure immediate correction of the violation.
In cases of continued non-compliance, PAN may take remedial action as allowed under:
A Shared Responsibility
For any queries or to report non-compliant practices, please contact:
The Chief Operating Officer Payment Association of Namibia (PAN) P.O. Box 134 2nd Floor, Rieks House Cnr Feld & Rieks van de Walt Streets, Ausspannplatz Windhoek, Namibia
Telephone: +264 61 415 420 Email: info@pan.org.na
The Chief Operating Officer Payment Association of Namibia (PAN) P.O. Box 134 2nd Floor, Rieks House Cnr Feld & Rieks van de Walt Streets, Ausspannplatz Windhoek, Namibia
Telephone: +264 61 415 420 Email: info@pan.org.na