KP-0095

A fee uniformly charged to all online means of payment by an arms-length third-party vendor, a court is likely to conclude that, does not violate the surcharge prohibitions of Finance Code subsection 339.001(a) or Business and Commerce Code section 604A.002. Whether a rental property owner or operator and a third-party vendor of online payment processing services have a true arms-length relationship is a question of fact that cannot be answered in the opinion process.