2026 Card-Network Surcharge Rules: Visa, Mastercard, Amex & Discover
The network-level baseline that applies wherever surcharging is allowed: caps, 30-day notice, debit prohibition, and the three-point disclosure. Updated for 2026.
Last verified: 2026-08 · Educational reference, not legal advice
Across the four major networks the baseline is the same: cap the surcharge at the lower of your actual processing cost or the network ceiling, never surcharge debit cards (federal Durbin Amendment), give your acquirer about 30 days’ notice, disclose the fee before the transaction, post signage at entry and checkout, and print it as a separate receipt line.
The network ceilings (2026)
| Network | Max surcharge | Key rule |
|---|---|---|
| Visa | 3% (or actual cost, lower) | Register in surcharge registry; 30-day notice; no debit |
| Mastercard | 4% (or actual cost, lower) | 30-day notice; no debit; disclosure at entry + POS |
| American Express | ~3% (or actual cost, lower) | Must join Amex surcharge program; registration required |
| Discover | 3% (or actual cost, lower) | Registration required; no debit |
If you surcharge one network you generally must surcharge all, and the percentage cannot exceed the lowest network ceiling or your actual processing cost. Applying a single compliant percentage (commonly 3% to stay safely under every ceiling) is the standard practice.
The universal requirements
- Cap the surcharge at the lower of 3% (Visa) / 4% (Mastercard) or your actual processing cost.
- Never surcharge debit cards — the federal Durbin Amendment prohibits debit surcharges everywhere, even when run as credit.
- Give your acquirer / the card networks about 30 days’ notice before you start.
- Disclose the surcharge before the transaction begins (online: before the payment step).
- Post signage at the store entrance and at the point of sale, and print the surcharge as a separate receipt line.
State law can be stricter than the network baseline. Colorado caps at 2%, New York forbids a line-item surcharge (cash-discount model only), and Minnesota/New Jersey cap at actual cost. Always check your state.
See your state’s specific rule.Open the per-state tool →
Related guides
Frequently asked questions
Visa caps at 3% of the transaction (or your actual cost, whichever is lower); Mastercard caps at 4% (or actual cost). Many merchants apply a single 3% to stay under every ceiling.
Yes. Provide your acquirer / the card networks about 30 days’ notice before you begin, and register where the network requires it (e.g., Visa’s surcharge registry, Amex’s program).
No. The federal Durbin Amendment prohibits debit surcharges everywhere in the US, even when a debit card is processed as credit.
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.