Templates | Surcharge Laws by State
Credit Card Surcharge Laws by State
Credit Card Surcharge Laws by State
Understand the rules before you add a credit card surcharge. Download our guide to get a clear breakdown of credit card surcharge laws in your state.
Understand the rules before you add a credit card surcharge. Download our guide to get a clear breakdown of credit card surcharge laws in your state.
Download our free PDF today.

Download a 2025 credit card surcharge laws by state PDF to stay informed and compliant.
Make informed decisions with our 2025 guide to credit card fee regulations by state. This downloadable resource covers where surcharging is allowed, restricted, or prohibited—so you don’t get caught off guard.
How does a credit card surcharge work, and why do businesses use it?
A credit card surcharge is a small fee that gets added to a customer’s total when they choose to pay with a credit card. It’s usually a percentage of the transaction, often around 3 percent. The whole point is pretty straightforward. Accepting credit cards costs money, and some businesses decide they’d rather not absorb those fees themselves.
Instead of raising prices for everyone, including those paying with cash or debit, they simply pass that cost along to those who use credit cards. It’s a way to protect their margins while still offering payment flexibility.
Is a debit card surcharge legal?
No, a debit card surcharge is not legal in the United States. This applies even if the customer chooses to run the card as credit.
Visa, Mastercard, and the rest of the card networks are very specific about this. If it’s a debit card, it has to be treated as such, no matter how it’s processed. Trying to add a fee anyway can lead to serious issues, so it’s best to avoid it altogether.
How do I properly disclose a credit card surcharge to my customers?
This part is important. If you’re going to charge a credit card surcharge, you’ve got to be upfront about it. That means giving clear notice and following a few specific steps.
- First, you need to notify the card networks like Visa and Mastercard at least 30 days before you start adding a surcharge.
- Then, you need to post clear signs at your entrance and at the checkout area, so customers know ahead of time.
- The receipt should also display the surcharge as a separate line item, clearly labeled, such as “Credit Card Surcharge.”
Also, make sure your surcharge isn’t more than your actual cost to accept the card, and it should never be higher than 3 percent.
If you’re selling online, the rules still apply, just tailored to a digital setting. The main idea stays the same. Be clear, be honest, and make sure your customers know before they pay.
What are the risks if I don’t follow credit card surcharge laws correctly?
If you don’t follow the rules, you’re taking on some real risk.
Card networks like Visa and Mastercard can hit you with fines or penalties. You could also get hit with chargebacks, lose your ability to accept credit cards, or even have to refund customers if you weren’t compliant. That’s not a good place to be.
On top of that, some states have their own rules. A few still ban surcharging altogether, so doing it in the wrong state could land you in legal trouble. It’s not worth taking shortcuts here.
How often do credit card surcharge laws change, and how can I stay updated?
These laws and rules don’t change every week, but they’re not set in stone either. Every now and then, a state will update its stance or a card network will tweak its policy. So it’s a good idea to stay plugged in.
Here’s how you can do that. Ask your payment processor to keep you informed. A good one will do this automatically. You can also check the Visa and Mastercard compliance pages from time to time. If you’re doing business in more than one state, it’s smart to keep tabs on local regulations too. If things feel murky or you’re unsure what applies to you, don’t hesitate to talk to a legal expert who knows payment compliance. It’s way better to ask a question now than to deal with a penalty later.
If you’re a business owner thinking about surcharging, the key is to keep things honest, clear, and within the rules. Most customers are okay with a small fee if they know about it ahead of time and understand why it’s there. If it’s confusing or unexpected, it’s just going to create friction.