It is hyperbole to use the word defraud
Material misrepresentation of fact with intent to deprive is fraud. I told them "no, you can't surcharge credit card per card company rules" which is true and accurate. They refuted and said "yes we can because it costs us money to take cards".
The fact that it costs them a fee does not allow them to do so. ARCO, by false pretense that fees are permissible, it is stealing from customers who pay by credit card by deception. This is same as telling the clerk "hey, last time I was here, the manager told me that I can get a free bottle of soda if I fill up" when it in fact didn't happen.
If the clerk says ok and lets me have it, this is called theft by deception.
Edited by Need More RWHP, 28 December 2012 - 06:47 PM.