Credit card
surcharge laws.
State by state.

The Attorney General generally does not enforce the old surcharge ban against merchants situated similarly to those in the 2018 court decision. Misleading prices remain prohibited.

Under the hidden-fee law effective July 1, 2024, an avoidable credit-card fee generally need not be included in the advertised price. If credit is the only payment option, include that mandatory fee in the price. Confirm your pricing approach before launch.

Colorado permits a surcharge of up to 2% of the transaction, or an amount up to the merchant’s actual processing fee. It is not a universal “2% or cost, whichever is lower” rule.

Use the required advance notice and a separate receipt line. Network limits still apply; have your processor confirm the method and amount. Do not surcharge debit cards or impose multiple surcharges.

The Eleventh Circuit struck down Florida’s credit-card surcharge prohibition in Dana’s Railroad Supply (2015). Eligible merchants still need clear prices and network-compliant settings.

Effective July 1, 2026, public food-service establishments have specific operations-charge disclosures under § 509.214, including credit-card surcharges. This industry-specific rule is not a general surcharge ban.

Georgia consumer guidance allows credit-card surcharges up to the merchant’s processing expense, with entry and checkout notice and a separate receipt amount.

For online purchases, disclose the surcharge where credit-card information is first requested. The advertised price must not mislead the customer.

The updated Kansas statute, effective January 1, 2025, permits a surcharge when the amount is clearly and conspicuously disclosed at the point of entry or point of sale before the transaction.

This replaced the previous statutory prohibition. Card-network and processor requirements continue to apply.

Act 751 took effect August 1, 2026. Retail businesses may not add a surcharge for debit-card use instead of cash, check, or credit.

This is a debit-card restriction, not a general credit-card surcharge ban. For eligible credit transactions, apply the common requirements and confirm your processor’s settings.

For in-person sales, Minnesota requires oral notice and a conspicuous sign. Online and telephone transactions have their own advance-disclosure rules.

The statute sets a 5% ceiling, but lower card-network limits still control. Since January 1, 2025, mandatory fees generally belong in the advertised price; a reasonably avoidable payment-method fee may be treated differently.

Nevada Attorney General guidance calls for advance notice at entry and checkout, a separate receipt line, and a surcharge no higher than the merchant’s acceptance cost.

Follow the current card-network ceiling and your actual cost. Give the customer a clear opportunity to review the fee before paying.

A surcharge cannot exceed the merchant’s actual cost of processing the credit-card payment. Disclose the amount before the customer incurs it.

For ordinary in-person retail and service sales, post notices at entry and checkout. Restaurants have menu and service-area rules. Use the applicable online or telephone disclosure; a vague “fee applies” notice is not enough.

Show the total credit-card price, including the surcharge, in dollars and cents. A sign showing only an added percentage is not enough. The charge cannot exceed the merchant’s credit-card acceptance cost.

Clearly displayed cash and credit prices are allowed. Separately, our published surcharge program excludes New York; state permission does not ensure program eligibility.

SB 677, effective November 1, 2025, permits a surcharge up to 2% or actual processing cost, whichever is less. The prior general ban is no longer the rule.

Give the required entry and point-of-sale notices, online homepage and checkout notices, or oral telephone notice. Offer another payment option; do not surcharge when credit is the only accepted method.

South Dakota’s consumer guidance calls for advance disclosure and an itemized receipt, with the fee tied to the merchant’s actual acceptance cost.

The older 4% reference in that guidance does not override Visa’s current 3% maximum. Use the current rules for the card brand and your processor.

Eligible Texas merchant accounts (MIDs) can enroll in our processor-approved surcharge program. Our team confirms account approval, the permitted rate, required notices, and payment-system settings before activation.

Texas’s surcharge statute remains on the books, and its enforceability depends on the circumstances following federal litigation. Processor enrollment does not replace applicable legal, card-network, and disclosure requirements.