I know this is an old post but think it requires a clarification. For CT anyway, the law specifically says the seller cannot collect a surcharge from the buyer. A convenience fee could be charged by a third party service that pays the seller the cash for their service or product. Think MoneyGram or even an ATM sitting in the store instead of accepting credit. You can say we don't accept credit cards; however, if you want to pay us by credit card feel free to follow this link and pay with Super Special Bill Pay Co. who may charge you for the use of their services. Many municipalities, schools, and utility companies do that.
There are new merchant service companies that are using this loophole for POS services and are not charging the merchant the fee but the client directly.
