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I'm not sure about a lawsuit, but your COGS should have your fees figured in. One thing to consider is that your contract with the merchant services provider states that you cannot charge a fee. However, there's nothing to prevent you from giving a discount to cash paying customers. We're going to have it as a negative PLU programmed into the register so that no one has to do any math on the fly.
There has been much talk of the new laws you speak of in a previous discussion found here. Hope it will answer some of your questions!
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