Dot = pending bill or rule change to watch
Each state's rule on passing card fees to the customer. Click a state for its rules. States without a surcharge law still follow the card network rules shown below the map.
Where a state has no surcharge law, these rules are the guidelines. Where a state has its own law, follow whichever is stricter.
Never surcharge debit or prepaid cards, even when run as credit or signature debit.
Visa: 3% max and no more than your cost of acceptance. Mastercard: 4% max and no more than cost. Amex: no higher than the rate on other brands. Discover: no more than cost.
Notify your acquirer/processor in writing at least 30 days before you start. Mastercard also requires registration through the acquirer.
Post the surcharge at the door (or website landing page) and again at checkout, before the customer commits to paying by card.
Disclose at checkout before the charge, with a chance to cancel. Tell phone customers the amount verbally before processing.
Show the surcharge as its own line item, in dollars, labeled as a surcharge.
Visa/Mastercard settlement (pending). A revised swipe-fee settlement received preliminary approval June 9, 2026, with a final approval hearing reported for Nov 16, 2026. If approved, merchants could surcharge at the brand or product level up to 3% or cost. None of it is in effect yet, and appeals are expected.
The alternative everywhere: cash discount / dual pricing. Offering a discount for cash (or posting cash and card prices) is permitted even in the ban states (CT, MA, ME), with clear notice. Puerto Rico's regulator reportedly also restricts cash-discount programs, so check there first.
| State | Status | Cap | Key rule |
|---|
Compiled Oct 30, 2026 from state statutes, attorney general guidance and industry trackers. Several states' laws are in flux and court rulings can change enforceability. This is a reference, not legal advice; confirm with counsel and your processor before launching a surcharge program.