Credit card surcharge laws by state

The short answer

A surcharge is an extra fee added when a customer pays by card. Two layers of rules apply. The card networks set the first: Visa allows surcharges on credit cards only, with advance notice, signs and a cap. State law sets the second, and some states ban surcharges outright or cap them lower.

This page is a work in progress on purpose. It lists 5 of 50 states verified so far, each from the state's own statute text. A state missing from the table is not a state with no law; it is a state we have not finished checking. Do not surcharge in a state that is not listed until you or your lawyer have checked its law.

Card network rules (Visa)

Visa's merchant Q&A on surcharging says U.S. merchants that surcharge must:

• notify Visa and their acquirer at least 30 days before they begin;
• limit surcharges to credit cards: "U.S. merchants cannot surcharge debit card or prepaid card purchases";
• keep the surcharge at or below their cost of acceptance for that card, and never above 3%;
• post the surcharge at the point of entry and point of sale, and show the dollar amount on every receipt.

Other networks have their own rules. Check each one you accept, and check with your processor before you start.

State table

Alphabetical. 5 of 50 states verified so far, as of Oct 20, 2026.

State by state

Connecticut

Conn. Gen. Stat. 42-133ff(b): "No person may impose a surcharge on any transaction." A surcharge is "any additional charge or fee that increases the total amount of a transaction for the privilege of using a particular method of payment." Discounts for cash, check or debit are allowed if a notice is posted on the premises, shown online before checkout, or said aloud for phone sales. A violation is an unfair trade practice, with an added civil penalty of up to $500 per violation.

Maine

9-A M.R.S. 8-509: "A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means." It adds: "A discount or reduction from the regular price is not a surcharge." Government entities may surcharge for certain payments if it is disclosed and does not exceed their card costs.

Massachusetts

G.L. c.140D, s.28A(a)(2): "No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means." The same section allows a seller to offer a discount for paying by cash or check.

New Jersey

P.L.2023, c.146, approved Aug 18, 2023: a seller "shall not impose on a customer who uses a credit card for a transaction occurring in New Jersey a surcharge that is greater than the actual cost to the seller to process the credit card payment." The amount must be disclosed before the customer is charged: on signs at the point of entry and point of sale, on the menu for restaurants, on the checkout page online, and aloud by phone.

New York

Gen. Bus. Law 518: a seller that surcharges "shall clearly and conspicuously post the total price for using a credit card in such transaction, inclusive of surcharge." The surcharge may not exceed what the card company charges the business, two-tier pricing is allowed, and the civil penalty is up to $500 per violation.

Surcharge vs cash discount

The two can produce the same register total, but the law treats them differently. A surcharge starts from the regular price and adds a fee for card users. A cash discount starts from the regular price and takes money off for cash or other methods.

To see what you pay today before deciding, run your statement through the processing fee analyzer or read how to read a merchant statement.

What this page does not cover yet

We have not yet verified the other 45 states from official text, so they are left out rather than guessed. We also do not cover local rules, Mastercard, American Express or Discover rules in detail, or how pending card network litigation may change surcharging. We will add each state with its statute link and the date we checked it.