Credit card surcharges by state

Information, not advice

Surcharge rules differ by state and some are unsettled. Talk to a lawyer before you add a surcharge.

We show what the sources we checked report for each state, with links and the date we last checked. We do not say what the law is in your state.

What the sources report

The sources we checked report that the laws of Connecticut, Maine and Massachusetts prohibit credit card surcharges. Rules in California and Texas are unsettled, for example because of a court ruling that limits the statute. Colorado, Minnesota, New Jersey, New York and Oklahoma are reported to have extra rules such as a lower cap or set disclosure wording. We did not find a state ban in the sources we checked for the other states and DC. See the full table, with notes and links, on the Your options page.

Some states are reported to ban debit card surcharges in state law too, but card network rules, as reported, forbid debit surcharges everywhere.

Card network rules

Card network rules, as the sources we checked report them:

You can add a surcharge to credit cards only, never to debit cards (even when run without a PIN) or prepaid cards.

Visa caps a credit surcharge at 3% and at your cost of accepting Visa credit.

Mastercard caps it at your cost of accepting Mastercard credit, up to a published maximum (currently 4%).

Tell your processor in writing at least 30 days before you start. Visa needs that notice to your processor. Mastercard needs 30 days' written notice to both your processor and Mastercard.

Show the surcharge at the entrance, at checkout and on the receipt.

American Express says a surcharge on the Card must be imposed equally on all other payment products, except cash, check and electronic funds transfer (Merchant Operating Guide, April 2026, section 3.2). For Discover, check with your processor.

A program that adds a "service fee" or "non-cash adjustment" at checkout is usually treated as a surcharge.

Settlement watch

A proposed Visa and Mastercard settlement (preliminary approval June 9, 2026) would lower some credit rates and loosen surcharge and card acceptance rules. It is not final and not in force. We will update this page if it takes effect.