American Express Surcharge Rules (2026): Registration, Cap & Equal-Treatment
Amex permits surcharging only through its surcharge program with registration. The cap, the equal-percentage rule, and how it interacts with Visa/Mastercard.
Last verified: 2026-08 · Educational reference, not legal advice
If you accept Amex and want to surcharge, opt in to the Amex surcharge program and apply the same percentage you use for the other networks, capped at your actual cost (commonly around 3%).
Amex-specific requirements
Amex requires merchants to register for its surcharge program before applying any fee. The surcharge cannot exceed your actual cost of accepting Amex, and if you surcharge other cards you must surcharge Amex at the same rate. Most merchants apply one blended percentage (often 3%) across all networks to stay compliant and simple.
The "equal percentage" rule is the practical heart of multi-network surcharging: pick one fee that is at or below the lowest applicable cap (3% to stay safely under Visa and Amex ceilings) and apply it to every credit card you surcharge.
Setup steps
- Confirm your state permits surcharging.
- Register for the Amex surcharge program via your acquirer.
- Set a single surcharge percentage at or below the lowest network cap (3% is common).
- Exclude debit cards (federal Durbin rule) and give the ~30-day notice.
- Disclose before payment, post signage, and print the separate receipt line.
See all four networks’ ceilings.2026 network rules →
Related guides
Frequently asked questions
Yes, but only through its surcharge program with registration. The fee cannot exceed your actual cost of accepting Amex.
No. If you surcharge multiple networks, the percentage must be the same across them. Most merchants use one blended rate (often 3%).
Your actual cost of accepting Amex (commonly around 3%), applied equally to other surcharged cards.
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.