Can I Surcharge in My State?
Select your state below for a plain-English verdict, statutory citations, and a printable compliance checklist for your business.
States with Statutory Surcharge Prohibitions
Surcharges are prohibited by state statute. Merchants must use cash discounts or dual pricing.
States with Ongoing Legal Challenges (Contested)
Statutes are currently enjoined by federal courts or subject to litigation. Dual pricing is advised.
States with Specific Caps or Disclosure Rules (Restricted)
Permitted with strict statutory conditions such as lower percentage caps or price display rules.
States Following Standard Card Brand Rules (Allowed)
Permitted up to the lower of 3.0% or actual acceptance cost, with 30-day notice and signage.
Frequently Asked Questions
It depends on your state. While roughly 39 states follow card network rules permitting surcharges up to 3.0%, states like Connecticut, Massachusetts, and Puerto Rico ban surcharges entirely. Other states like Colorado cap surcharges at 2.0%, and New York mandates total dollar-amount pricing.
A cash-discount or dual-pricing program is 100% legal in all 50 states and US territories. You post the regular card price and offer a discount to customers paying in cash or debit.
Never. Under the federal Durbin Amendment and network rules, debit and prepaid card transactions cannot be surcharged under any circumstances, even when run without a PIN.
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.