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Merchant services in New Jersey: the surcharge law, the fees and what to check

New Jersey businesses use the same national processors as everyone else, but since Aug 18, 2023 a credit card surcharge here may not exceed your actual cost to process the payment [1].

By Business Funders editorial teamUpdated Oct 20, 2026
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Worried you set up surcharging wrong? You can check it in five minutes.

Plenty of New Jersey owners turned on a card fee because a sales rep said it was allowed, then started to wonder if it was set up right. The rules are short and written in plain words [1], and the card network rules on top of them fit on one page [2].

This page lays out both, then the fees and contract terms worth checking with any processor. This is general information, not legal advice, as of Oct 20, 2026.

Example numbers below. Replace them with last month's processing statement.

$
$

Every fee on the statement: discount, per-item, monthly, PCI and other fees.

%

The rest is debit. Not sure? Leave it.

%

The rest is online or keyed in.

Your effective rate

3.00%

$1,200 in fees on $40,000 in card sales. Average sale $50.00.

You may be overpaying by

$2,796 to $5,025 a year

About $233 to $419 a month

Interchange alone (card issuers)
$507 to $693a month
Interchange-plus estimate
$781 to $9671.95% to 2.42%
What you paid
$1,200
Get a free statement review

Your volume and fees carry into the quiz, already filled in.

An estimate from published Visa interchange and one published interchange-plus price, before card-network fees. Ranges run from basic cards to top rewards cards. Not a quote.

On this page

Is it a fit for you?

It fits when

  • Your business is in New Jersey, or you sell to customers in New Jersey.
  • You add a credit card surcharge, or a processor is pitching you one.
  • You got your card machine through your bank and never compared the price.
  • You are opening a new location and choosing a processor for the first time.

Look elsewhere when

  • You need a lawyer's opinion on your specific surcharge program. Ask an attorney; this page is general information.
  • You want a list of local sales offices. A nearby office does not change interchange or the law.
  • You only take cash and checks.

New Jersey's surcharge law: capped at your actual cost, with notice first

P.L.2023, c.146 was approved on Aug 18, 2023 and took effect immediately [1]. It is codified at N.J.S.A. 56:8-156.1 and following, inside the Consumer Fraud Act. Here is what it says, in plain words.

What P.L.2023, c.146 requires [1]
RuleWhat the law says
The capA surcharge on a credit card sale in New Jersey may not be greater than the seller's actual cost to process that payment.
Stores and other sellersPost a clear sign at the point of entry and the point of sale, before the customer incurs any charge.
RestaurantsPost a sign in the customer service area and put the surcharge on the menu.
Websites, apps and kiosksShow clear electronic notice on the checkout page before processing the payment.
Phone ordersTell the customer out loud before processing the payment.
RecordsMake your books and records available to the Director of the Division of Consumer Affairs to check compliance.
EnforcementA violation is an unlawful practice under the Consumer Fraud Act (P.L.1960, c.39).

The law defines a credit card as a card or device used "to obtain credit" [1]. It says nothing that allows a surcharge on debit, and the card networks forbid it anyway (next section). See the surcharge laws by state for how New Jersey compares with its neighbors.

Card network rules sit on top of the state law

Visa's rules apply in every state, including New Jersey. Visa's merchant Q&A says a U.S. merchant that wants to surcharge must [2]:

  • notify Visa and its acquirer (the processor's bank) at least 30 days before it starts;
  • surcharge credit cards only, never debit or prepaid cards, even when a debit customer picks "credit" on the terminal;
  • keep the surcharge at or below its merchant discount rate for that card;
  • disclose the surcharge at the point of sale, in store and online, and show the dollar amount on every receipt.

What "actual cost" means on a $100 sale

On Square Free, an in-person credit card sale costs 2.6% + 15¢ [3]. On $100, that is $2.75, so a New Jersey surcharge on that sale should not be more than $2.75.

On interchange-plus pricing, the cost changes with each card. Your statement is your proof of cost, which is one reason the law's records rule matters [1].

Many NJ owners get card processing from their bank. Compare it anyway

Banks resell card processing under their own agreements. Clover, for example, says its contract terms and termination fees vary by the company that sold you the account, and names Citi, PNC and Wells Fargo among more than 3,000 financial institutions that sell Clover in the U.S. [4]. A Clover device from your bank may carry a different rate and term than the prices on clover.com.

  • Ask your bank for its processing price in writing: pricing model, markup, every monthly fee.
  • Ask for the term, the early termination fee and whether the equipment is leased, rented or owned.
  • Compare it with published list prices. Our cheapest credit card processing page runs those through three sample businesses.

Who is shopping for merchant services in New Jersey

New Jersey had 237,968 business establishments with paid employees in 2023, according to the Census Bureau's County Business Patterns [5]. Most take cards. The largest groups that run on small, frequent card sales are below.

New Jersey establishments with paid employees, 2023 (County Business Patterns, county file summed) [5]
Business typeEstablishments
All industries237,968
Retail trade29,729
Restaurants and other eating places18,701
Personal care services (salons, barbers, nails)7,550

County Business Patterns counts only places with paid employees, so owner-only shops and booth renters are not in these numbers. Industry pages for the three largest groups: restaurants, retail and salons.

What a New Jersey business should check before signing

  1. Your effective rate: total fees divided by card sales, from last month's statement.
  2. The pricing model: flat rate, interchange-plus or tiered, and the markup in writing.
  3. Monthly fees: software, statement, PCI and any minimum.
  4. Contract: term, renewal, early termination fee.
  5. Equipment: owned, rented, leased or on a subscription, and the buyout price.
  6. Surcharging, if offered: does the program keep the fee at or below your actual cost [1], skip debit cards [2], and print the notices New Jersey requires?

Searching for merchant services near you? A local office does not change your interchange or your legal duties. Price, terms and support do. BatchOut is our own processing service; if we show it next to other options, we label it as ours.

Check what you pay, and whether your surcharge fits

Answer a few questions about your New Jersey business and card sales. We show how your cost compares with published prices.

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How we wrote this

Written by the Business Funders editorial team and checked against the sources below on Oct 20, 2026. General information, not an offer or legal advice. Found an error? Tell us.