Credit Card Surcharge Laws by State
Whether you may add a credit card surcharge depends on your state and on the card networks' rules. This table uses only official state sources and card network documents, checked on 2026-10-15. Any state we could not verify is marked unverified, not guessed. This is general information, not legal advice.
Use the surcharge calculator for the arithmetic
Card network rules
Visa
Visa's Q&A says U.S. merchants may surcharge credit cards (not debit or prepaid) up to the merchant discount rate for the card or 3%, whichever is lower, must disclose it as a merchant fee at the point of entry, point of sale or checkout and on the receipt, and must notify their acquirer at least 30 days before starting.
Mastercard
Mastercard's U.S. surcharge page says the surcharge cannot exceed the merchant's cost of acceptance and that the Maximum Surcharge Cap is 4%, credit cards only, with clear disclosure to customers; its FAQ describes 30 days' written notice to Mastercard and the acquirer.
State by state
5 prohibited, 5 allowed with conditions, 41 unverified (of 51 jurisdictions). Checked 2026-10-15.
Unverified does not mean allowed. It means we could not confirm the state's current law from an official source, so we do not state a status. Visa's Q&A also lists Puerto Rico as prohibiting surcharging.
| State | Status | What the sources say | Sources |
|---|---|---|---|
| Alabama | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Alaska | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Arizona | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Arkansas | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| California | ProhibitedOfficial state source | California Civil Code section 1748.1(a) says no retailer in a sales, service or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of cash, check or similar means. A retailer may offer discounts for paying another way if the discount is offered to all prospective buyers. Subsection (b) makes a retailer who willfully violates it liable to the cardholder for three times actual damages if it does not repay the amount within 30 days of a written demand. | |
| Colorado | Allowed with conditionsOfficial state source | Colorado's legislature summarizes Senate Bill 21-091: it repealed the prohibition and limits a surcharge to 2% of the transaction or the merchant discount fee the seller pays, with notice displayed on the premises or, for online purchases, before checkout. Visa also lists Colorado as having requirements. | |
| Connecticut | ProhibitedOfficial state source | Connecticut General Statutes section 42-133ff is titled "Surcharge based on method of payment prohibited. Discount not prohibited." Visa also lists Connecticut as prohibiting surcharging. | |
| Delaware | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| District of Columbia | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Florida | ProhibitedOfficial state source | Florida Statutes section 501.0117, "Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty," says a seller may not impose a surcharge on the buyer for electing to use a credit card in lieu of cash, check or similar means, and makes a violation a misdemeanor of the second degree. The section does not apply to a discount offered to all prospective customers for paying another way. | |
| Georgia | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Hawaii | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Idaho | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Illinois | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Indiana | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Iowa | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Kansas | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Kentucky | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Louisiana | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Maine | ProhibitedOfficial state source | 9-A M.R.S. section 8-509: a seller in a sales transaction may not impose a surcharge on a cardholder who uses a credit or debit card instead of cash, check or similar means. A discount is not a surcharge. Governmental entities have a limited exception.Maine bills to change this have been proposed; check the Legislature's site for the current status. | |
| Maryland | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Massachusetts | ProhibitedCard network source only | Visa lists Massachusetts as prohibiting surcharging (as of February 15, 2024). We could not load the Massachusetts General Laws page to confirm the statute text. | |
| Michigan | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Minnesota | Allowed with conditionsOfficial state source | Minnesota Statutes 325G.051 allows a surcharge on credit or charge cards if the seller discloses it (orally and by a sign in person; a notice online or in an app; orally by phone) and the surcharge does not exceed five percent of the purchase price. A seller that violates it is subject to a civil penalty of up to $500 and must refund the surcharge. | |
| Mississippi | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Missouri | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Montana | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Nebraska | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Nevada | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| New Hampshire | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| New Jersey | Allowed with conditionsOfficial state source | New Jersey P.L. 2023, c.146 (C.56:8-156.2): a seller may not impose a credit card surcharge greater than the actual cost to the seller of processing the payment. A seller that surcharges must disclose the amount before the customer incurs any charge, with a sign at the point of entry and point of sale (on a sign and the menu for a restaurant), a notice on the checkout page online, or verbal notice by phone. A violation is an unlawful practice under the Consumer Fraud Act. Visa also lists New Jersey as having requirements. | |
| New Mexico | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| New York | Allowed with conditionsOfficial state source | New York General Business Law section 518: a seller that imposes a surcharge must clearly and conspicuously post the total price for using a credit card, and the surcharge may not exceed the amount the card company charges the business. A violation carries a civil penalty of up to $500. | |
| North Carolina | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| North Dakota | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Ohio | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Oklahoma | Allowed with conditionsOfficial state source | Oklahoma Consumer Credit Code, Title 14A section 2-417: a seller may not impose a surcharge on a cardholder who pays by credit card instead of cash, check or debit card unless it posts notice of the surcharge amount at the point of entry and point of sale (and online, and by voice on phone sales) and the surcharge does not exceed 2% of the transaction or the actual cost to process the card, whichever is less. Visa lists Oklahoma as prohibiting surcharging, but the statute text we read allows it under these conditions. Ask your payment processor before surcharging in Oklahoma.Visa and the statute disagree; we state the statute. Check the current text before relying on this. | |
| Oregon | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Pennsylvania | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Rhode Island | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| South Carolina | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| South Dakota | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Tennessee | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Texas | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Utah | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Vermont | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Virginia | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Washington | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| West Virginia | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Wisconsin | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. | |
| Wyoming | UnverifiedNothing verified | Visa's Q&A, as of February 15, 2024, does not list this state as prohibiting or restricting surcharging. We did not verify the state's law, so we do not state a status. |
Frequently asked questions
Can I add a surcharge to credit card payments?
Only where your state allows it and you follow the card network rules. California, Connecticut, Florida and Maine prohibit it by statute, and Visa lists Massachusetts and Oklahoma as prohibiting it. Colorado, Minnesota, New Jersey and New York allow it with conditions. For every other state, we did not verify the law, so check with your processor and a qualified professional.
What is the maximum surcharge?
Visa's Q&A says the lower of the merchant discount rate or 3%; Mastercard's page says the Maximum Surcharge Cap is 4% and the surcharge cannot exceed the merchant's cost of acceptance. If you accept both, follow the stricter limit, and note that state law may set a lower cap, as in Colorado.
Does a surcharge apply to debit cards?
Visa says debit and prepaid cards cannot be surcharged, and Mastercard says surcharges are for credit cards only. Maine's statute also covers debit cards.
What is the difference between a surcharge and a cash discount?
A surcharge adds a fee for paying by card. A discount lowers the price for paying another way. Connecticut's statute and Maine's statute both state that a discount is not prohibited or is not a surcharge, but rules vary, so check your state.
Do I have to tell my processor?
Visa says merchants must notify their acquirer at least 30 days before surcharging, and Mastercard describes 30 days' written notice. Ask your processor what it requires now.
How current is this page?
We checked each source on 2026-10-15. Several states have proposed changes, so confirm current law before you surcharge.
This is general information, not legal or tax advice.
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