Electronic payment has become an integral part of our daily lives, and one of the most prominent features of development in commercial and financial transactions. The state encourages the use of bank cards and modern payment methods due to the ease, security, and transparency they offer, and because they represent an important step towards digital transformation. However, many consumers still face a recurring scenario in some shops, restaurants, and other commercial establishments.
After selecting a product and knowing its price, and when heading to the checkout, the consumer is informed that paying by bank card or "Visa" will incur an additional amount or a certain percentage of the invoice value under the pretext of being a bank or electronic payment company commission. The matter may not be hidden or surprising, as the consumer is informed of this before completing the payment process, but the question that imposes itself here is: Is it fair for the consumer to bear the cost of the payment method that the merchant chose to use for his commercial activity?
When a consumer sees a price advertised for a product or service, they base their purchase decision on this price. Therefore, adding any additional amount due to the payment method creates a feeling that the real price differs from the price relied upon to make the purchase decision. The increase may not be significant; half a dinar or a simple percentage of the invoice, but the issue is not about the amount as much as it is about the principle of fairness and clarity in commercial transactions.
What adds importance to this issue is that its repetition leads some citizens to avoid using electronic payment methods and revert to cash payments, which contradicts the national efforts aimed at enhancing the digital economy and increasing the use of modern payment methods. So, how can we convince citizens to use electronic payment tools if their use will cost them more than cash payments?
The Jordanian legislator has been keen to protect the consumer from any practices that may infringe their rights, thus Article (3/b) of the Consumer Protection Law Number (7) for the year 2017 states: "It is prohibited for the provider to perform any act or refrain from an act that results in infringing any consumer rights" reflecting the legislator's philosophy in providing protection to the consumer and ensuring a fair balance in the relationship between them and the provider, thus achieving trust and stability in commercial transactions.
The legislator's role did not stop at declaring consumer rights but also created mechanisms to protect them. Article (11/b) from the same law states the responsibilities of the Consumer Protection Directorate: "To receive complaints from consumers or any of the associations about any violation of the provisions of this law or the regulations or instructions issued pursuant thereto, committed by any provider, audit them, and organize records of those violations" which confirms that the legislator not only granted rights but also provided a legal means to pursue any practice that may infringe consumer rights or raise suspicions of violations of the current legislations.
On the other hand, this approach aligns with the regulatory policy of the Central Bank of Jordan in regulating electronic payment systems, which aims to enhance the use of modern payment methods and protect the rights of their users. The Central Bank has affirmed, within the rules and instructions regulating the acceptance of electronic cards, the necessary measures to ensure that merchants do not collect any commissions or additional fees from customers for payment by electronic cards, considering that the cost of accepting electronic payment methods falls within the contractual relationship between the merchant and the payment service provider, and should not be charged to the consumer.
A successful commercial relationship is not only based on profit but also on transparency and mutual respect. A merchant who adheres to the best commerc...
