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Credit Card Surcharge Laws by State (2026)

Quick answer

Most US states allow credit card surcharges if you follow the card network rules. The main ones: up to 3% on Visa, never more than your actual cost, never on debit or prepaid cards, and clear notice before payment plus a line on the receipt. Connecticut, Massachusetts and Puerto Rico prohibit surcharges. Colorado caps them at 2%, New York and New Jersey limit them to your cost, and California's pricing law makes add-at-checkout surcharges risky.

Key takeaways

  • Surcharging is legal in most states, subject to Visa and Mastercard rules.
  • Prohibited: Connecticut, Massachusetts and Puerto Rico. Maine is restricted.
  • Colorado caps surcharges at 2%; New York, New Jersey and South Dakota limit them to your actual cost.
  • California requires mandatory fees in the advertised price, so dual pricing is the safer route there.
  • State laws change. Confirm your state's current rule with your processor before you start.

States with special surcharge rules

New to the topic? Start with how credit card surcharging works. These are the states where surcharging is prohibited, capped, contested or comes with extra requirements. States not listed generally allow surcharging under the card network rules below.

StateStatusWhat to know
ConnecticutProhibitedState law bars surcharges on customers who pay by credit card.
MassachusettsProhibitedState law bars sellers from adding a credit card surcharge.
Puerto RicoProhibitedSurcharging is not allowed.
MaineRestrictedSources disagree on whether Maine bans surcharges or allows them with strict disclosure. Confirm current law before surcharging.
ColoradoCapped at 2%Surcharges can't exceed 2% of the transaction, regardless of your processing cost.
New YorkAllowed with rulesSince February 2024: post the total price including the surcharge, and keep the surcharge at or below your actual cost.
New JerseyAllowed with rulesSurcharges are limited to your actual cost of processing.
South DakotaAllowed with rulesSurcharges are limited to your actual cost of processing.
CaliforniaRestricted by pricing lawSince July 2024, mandatory fees must be built into advertised prices. Add-at-checkout surcharges are risky; dual pricing and cash discounts are common alternatives.
FloridaContestedFlorida's old surcharge ban was struck down by a federal appeals court in 2015. Many processors now allow surcharging there, but confirm before you start.

Laws are moving. Several states have changed or challenged their surcharge rules in the last few years, and published guides often disagree. Treat this table as a starting point and confirm the current rule for your state before changing how you charge customers.

The card network rules that apply in every state

  • Cap: Visa allows surcharges up to 3%; Mastercard up to 4%. Neither lets you charge more than your actual cost of accepting the card.
  • Credit only: Debit and prepaid cards can't be surcharged.
  • Notice: Your processor must be told before you start, commonly 30 days ahead.
  • Disclosure: Signs or on-screen notice at your entrance or website and at checkout, before the customer pays.
  • Receipt: The surcharge must appear as its own line item.

What if surcharging isn't allowed in your state?

You still have options. Dual pricing shows two prices up front, a cash price and a card price. A cash discount program gives a discount to customers who pay another way. And even without either, many businesses are simply overpaying their processor; see what normal fees look like and how to cut them.

The 2026 Visa and Mastercard settlement

A proposed settlement between Visa, Mastercard and US merchants received preliminary court approval in June 2026. It would give merchants clearer rights to surcharge or discount by card type, let them decline some premium card types, and lower average credit card interchange for several years. It isn't final, and it doesn't override state law, so the rules above still apply for now.

Frequently asked questions

Which states ban credit card surcharges?
Connecticut and Massachusetts prohibit credit card surcharges, and so does Puerto Rico. Maine restricts them; sources disagree on exactly how, so confirm current Maine law before surcharging there.
Can I surcharge in California?
Traditional surcharges added at checkout are risky in California because the state's pricing law, in effect since July 2024, requires mandatory fees to be included in advertised prices. Many California businesses use dual pricing or a cash discount instead. Have your processor confirm the setup before you change prices.
What's the surcharge limit in Colorado?
Colorado caps credit card surcharges at 2% of the transaction, even if your actual processing cost is higher.
What are New York's surcharge rules?
Since February 2024, New York requires businesses to post the total price including the surcharge, and the surcharge can't exceed what you're actually charged to process the card.
If my state allows surcharging, are there other rules?
Yes. Card network rules apply in every state: Visa caps surcharges at 3%, you can't exceed your cost of acceptance, debit and prepaid cards can't be surcharged, you must give your processor advance notice, and the fee must be disclosed before payment and shown on the receipt.
Does dual pricing follow the same laws?
Not always. Dual pricing and cash discounts show the customer two prices or a discount for paying another way, and are allowed in some places where surcharges are restricted. The rules on how prices are displayed still apply.
Rob P., Founder, FeesToGrowth

Rob P. runs Mission Driven Brand, a marketing company that builds websites, Google Business Profiles, landing pages and AI tools for local and B2B businesses. FeesToGrowth pairs that marketing work with established payment processing partners.

This article is general information, not legal, tax or financial advice. Card network rules and state laws change; confirm the rules for your business before changing how you charge customers.

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