VENTURA : Theater Sued Over $2 Credit Card Fee
The $2 extra the Ventura Concert Theatre charges credit card customers is unfair and illegal, the Ventura County district attorney alleged in a civil suit filed in Superior Court on Thursday.
Investigators bought tickets to a Jan. 4 concert featuring pop singer Michael Penn, officials said. They paid $15 cash for a ticket but were charged $17 when a credit card was used, Deputy Dist. Atty. Michael D. Schwartz said.
“We contacted the owner about a year ago and discussed the problem” to no avail, Schwartz said. Theater owner Gary James Folgner could not be reached for comment. Folgner, who reportedly lives in Dana Point, also owns the Coach House nightclub in San Juan Capistrano.
Schwartz said California law prohibits surcharges on credit card purchases but allows a discount for cash payments.
The suit seeks a permanent injunction and unspecified penalties and restitution.
Schwartz said officials are undecided on how to handle restitution if the suit prevails.
He said refunding $2 to every customer who used a credit card to purchase a ticket may be impractical.
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