Can Your Business Charge a Credit-Card Fee? The 50-State Answer.
A credit-card surcharge is banned in 3 states, contested in 3 more, and restricted in 7. A cash discount is legal everywhere. Get the exact rule for your state — with citations, a printable compliance checklist, and the sales-tax holiday calendar.
50-State Law Matrix
Every state + DC + PR at a glance: status, cap, notice, debit rule, and the statute. Sortable, citable, printable.
All 52 jurisdictions“Can I Surcharge?” Decision Tool
Pick your state and get a go / no-go verdict plus a step-by-step, printable compliance checklist.
Per-state verdictCash Discount vs Surcharge
Why the legal treatment differs, how to structure a compliant dual-price program, and which to choose.
Avoid the trapSales Tax Holiday Calendar
2026 dates, eligible items, and price caps by state — plus a printable POS configuration sheet.
2026 schedulePayment-Fee Benchmarks
Typical effective processing rates by business type and channel, with the three fee components explained.
Plan your costsCompliance & Sources
Our data provenance, verification dates, and the full legal disclaimer behind every number on this site.
How we sourceThe 2026 landscape at a glance
Banned — CT, MA, PR
Contested — CA, TX, ME
Restricted — CO, NY, MN, NJ, OK, SD, NV
Everywhere else, surcharging is allowed under standard card-network rules — but the details (caps, notice, signage, debit) still matter. Open the decision tool →
Frequently asked questions
It depends on the state. Surcharging is banned in Connecticut, Massachusetts, and Puerto Rico; legally contested in California, Texas, and Maine; restricted (extra caps or disclosure rules) in Colorado, New York, Minnesota, New Jersey, Oklahoma, South Dakota, and Nevada; and permitted under standard card-network rules everywhere else. Use the per-state tool for your exact situation.
Yes. A cash-discount program — posting a higher card price and offering a lower cash price — is legal in all 50 states and Puerto Rico. It is the recommended way to offset processing costs in states where surcharging is banned or risky.
Even where allowed: cap at the lower of 3% (Visa) / 4% (Mastercard) or your actual processing cost; never surcharge debit cards (federal Durbin rule); give your acquirer 30 days’ notice; post signage at entry and checkout; and show the surcharge as a separate receipt line.
No. Cashbizly is an independent educational resource. Surcharge law changes and is actively litigated — always confirm your state’s current rule with the Attorney General or a licensed attorney before adding any fee.
Educational content, not legal advice. Cashbizly is an independent educational resource. Nothing here is personalized legal advice and it does not replace a licensed attorney or your state’s Attorney General.
Our state-by-state status reflects the consensus of published 2025–2026 compliance guides (card-network rules, LawPay, Stax, NCSL) as of the “last verified” date on each page. Surcharge law changes frequently and is actively litigated — always confirm current figures with your state Attorney General or a professional. Read our full disclaimer.
Don’t guess your state’s rule.
Open the per-state decision tool, get your verdict, and print the compliance checklist before you change a price.