The third line needs the most care. It should state the late fee in a form the customer can check: a flat dollar amount, or a percentage of the balance, along with the date or condition that triggers it.
Compare these two versions:
- "A late fee may apply to your balance."
- "If payment of the amount due is not received by the due date, a late fee of 10% of the unpaid balance will be added to your account."
The first version leaves the customer guessing about whether a fee exists, how much it is, and when it begins. The second version can be checked against the contract. Notice that the second version also states the consequence in the same sentence as the trigger, so the customer does not have to connect two separate ideas.
The FTC's sample wording includes a similar structure: "If not, we will impose a 10% surcharge for late payment." That 10 percent figure is simply part of the example. It is not a recommended rate, and it is not a rule that applies to your business. What the example demonstrates is the form: a condition, a consequence, and a number. Use the rate and terms that your signed contract or invoice terms actually contain, and nothing else.
Before you add any late fee to a reminder, check three things:
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The contract or terms. The fee should appear in a document the customer agreed to, such as a service agreement, estimate, or invoice terms. If the fee was never disclosed, adding it to a reminder is risky regardless of the amount.
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Local and state rules. Local and state rules can apply to late fees, so check them where you do business. These rules vary, so check with your attorney, your state's consumer protection agency, or a qualified advisor before you set your fee schedule. This post does not state any specific limit, because the right answer depends on where you do business and on the type of work you perform.
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Consistency. If you waive a late fee for one customer, document why. If you charge it to everyone, apply it the same way. Inconsistent enforcement is hard to defend and easy to notice.
If you are unsure whether a fee is allowed or how to phrase it, do not guess in the reminder. Send the reminder without the fee, or hold it until you have confirmed the terms.