Can I Surcharge in Maine?
Your plain-English, sourced verdict — plus a printable compliance checklist you can hand to your processor and staff.
Risky — statute bans surcharging (legal status contested)
Maine has a statute banning surcharges (9-A M.R.S. §8-509), but federal courts have enjoined enforcement, leaving the rule in legal limbo. To avoid regulatory and litigation risk, use a cash discount.
Status: ContestedSurcharge allowed: NoCash discount: Always yes
Your cash-discount checklist
- Post a higher "card price" and offer a lower "cash / debit price" — this is a cash discount, legal in all 50 states.
- Display both prices clearly (e.g., "$51.50 card · $50.00 cash") at entry and at checkout.
- Do NOT call a percentage fee a "convenience fee" if it is really a surcharge — mislabeling is enforced against.
- Keep written confirmation that the program is structured as a discount, not a card surcharge.
Questions about this verdict
A handful of states ban or restrict credit-card surcharges by statute, while the rest follow the standard Visa/Mastercard rules. Where a statute bans surcharging, a cash-discount program (posting a higher card price and offering a lower cash price) remains legal.
No. This tool is an educational summary only. 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.
Run the tool for each state where you have locations or in-state customers. The most restrictive applicable rule governs each location; a cash-discount program is the only approach legal in every state.
This tool provides a plain-English summary for educational use only. It is not legal advice. Surcharge laws change and face active litigation — always confirm your state’s current rule with the state Attorney General or a licensed attorney before adding any fee. See our full disclaimer.