Can a business legally charge a credit card surcharge in 2026?

Credit card surcharging is legal under federal law and in the vast majority of U.S. states following Supreme Court First Amendment rulings (Expressions Hair Design v. Schneiderman). However, merchants must not exceed their actual processing cost (capped at 3% by card networks) and must provide clear point-of-sale disclosures.

Is surcharging debit cards allowed?

No. Federal law under the Durbin Amendment (Dodd-Frank Act) strictly prohibits merchants from imposing a surcharge on debit card transactions, even when the customer selects credit at checkout.

What is the difference between a cash discount and a surcharge?

A surcharge adds a fee to the posted regular price when paying by credit card. A cash discount offers a reduction from the regular posted price when paying with cash, checks, or debit. Cash discount programs are legal in all 50 states.

2026 50-State Statutory Lawsuit Thresholds

Debt Statute of Limitations Calculator

Check state-by-state lawsuit deadlines for credit cards, written contracts, promissory notes, and medical debt. Verify time-barred status and FDCPA zombie debt rights.

Step 1: Account Classification & Last Payment Date

Your State of Residence

Debt Category

Date of Last Payment (Default Date)The exact date the clock started running.

Estimated Balance Claimed ($)

California Statutory Lawsuit Deadline

✓ DEBT IS TIME-BARRED (Unenforceable in Court)

Jun 1, 2025Expired 17 months ago

Statutory Window4 Years (California)

Can They Sue You?ILLEGAL (FDCPA Defense)

Zombie Debt WarningDo NOT make micro-payments or sign agreements; doing so restarts the 4-year clock from scratch.

Statutory Citation: Cal. Civ. Proc. Code § 337. Lawsuit strictly prohibited once 4 years elapse from last payment.

Debt Hardship & Lawsuit Prevention Program

Have You Received Letters or Calls for $14,500?

Debt settlement advocates and consumer defense specialists can negotiate balances down by 40% to 70% or demand formal FDCPA debt validation to halt collection harassment immediately.

Frequently Asked Questions

What is the statute of limitations on consumer debt?

The statute of limitations on consumer debt is a state law setting the maximum time period a creditor or debt collector has to sue you in court to collect an unpaid debt. Depending on your state and the debt category, limits range from 3 to 10 years (most commonly 3 to 6 years).

What happens when a debt becomes "time-barred"?

Once a debt passes the statute of limitations, it becomes "time-barred" (unenforceable in court). While collectors can still legally contact you to request payment, suing or threatening to sue you on a time-barred debt is a federal violation of the Fair Debt Collection Practices Act (FDCPA 15 U.S.C. § 1692e).

Can I accidentally restart the statute of limitations clock?

Yes. In most states, making even a $5 micro-payment, acknowledging the debt in writing, or agreeing to a payment plan will instantly revive or "toll" the statute of limitations, giving the collector a brand new multi-year window to file a lawsuit.

Does the statute of limitations remove debt from my credit report?

No. The legal statute of limitations (governing court lawsuits) is completely separate from the Fair Credit Reporting Act (FCRA). Negative accounts can remain on your credit report for up to 7 years from the original delinquency date, regardless of your states lawsuit statute of limitations.