Short answer
Most US states allow credit card surcharges. Connecticut, Maine and Massachusetts ban them, and 9 more add limits of their own. Card network rules apply everywhere: credit cards only, never debit or prepaid; no more than 3% for Visa or 4% for Mastercard, or your cost if lower; notice before you start; signs at the entrance and checkout; and the fee shown on the receipt.
Credit card surcharging, charging customers a fee when they pay by credit card, can offset part of what you pay to accept credit cards, though not your processing costs on debit, which can't be surcharged. But it's one of the most compliance-heavy strategies in payment processing. State laws vary, card network rules apply, and getting it wrong can result in fines or customer complaints.
This guide covers what you need to know: federal rules, card network requirements, state-by-state restrictions, and how to implement surcharging correctly.
What surcharging is and how it works
A credit card surcharge is a fee added to the transaction total when a customer chooses to pay by credit card. The fee offsets the merchant's processing cost, which depends on the card type.
Surcharges apply only to credit cards. Debit cards, prepaid cards, and cash transactions cannot be surcharged under card network rules.
Federal rules and card network requirements
State-by-state breakdown
Surcharge rules map
Each square stands for a state or DC, placed roughly where it sits on a map. Select one to see its status, the date we checked it and a link to its page or sources; the table under the map lists the same information as text.
- Surcharging allowed (38) solid
- Allowed with limits (9) striped
- Surcharging prohibited (3) cross-hatched
- Check current rules (1) dotted
Keyboard: Tab to the map, move between states with the arrow keys, and press Enter or Space to select one.
Select a state on the map to see its surcharge status here.
To work out the fee on a sale, use our credit card surcharge calculator. It checks a rate against the card network caps and the rules for any state or province.
Every row below names the official source that best supports it and the day we last checked it. Where we have a page for the state, its name links to that page, which lists every statute, regulator page and card network rule we used. Alaska and Hawaii don't have pages yet, so their rows list all the sources we checked. The card network caps above apply in every state.
State rules table
| State | Status | Rule summary and main source | Checked |
|---|---|---|---|
| Alabama | Surcharging allowed | We found no Alabama law capping card surcharges; Visa's 3% and Mastercard's 4% caps and the debit card ban apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Alaska | Surcharging allowed | We found no Alaska surcharge statute, and Visa's list of states with surcharge rules leaves Alaska off. Visa's 3% and Mastercard's 4% caps apply.Sources: U.S. Merchant Surcharge Q and A (Visa); Mastercard Credit Card Surcharge Rules and Fees for Merchants | |
| Arizona | Surcharging allowed | No Arizona statute bans or caps them; Visa caps them at 3% and Mastercard at 4%, and debit cards are excluded.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Arkansas | Surcharging allowed | No Arkansas statute caps surcharges; the Attorney General says they apply to credit cards only, under card network rules.Source: Arkansas Attorney General, Credit cards | |
| California | Allowed with limits | The 1748.1 ban was never repealed, but the Attorney General generally follows the 2018 Italian Colors ruling; card network caps apply.Source: California Attorney General, Credit card surcharges | |
| Colorado | Allowed with limits | Allowed on credit cards since July 2022, capped at 2% or your actual merchant discount fee, with set sign wording. No debit.Source: Colorado General Assembly, SB21-091 Credit transaction charge limitations | |
| Connecticut | Surcharging prohibited | Connecticut bans surcharges on every payment method; a clearly posted cash discount is the legal alternative.Source: Connecticut Department of Consumer Protection, What is the Connecticut surcharge law? | |
| Delaware | Surcharging allowed | No Delaware law limits surcharges; Visa's 3% and Mastercard's 4% caps apply, and debit can't be surcharged.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Florida | Allowed with limits | Florida's statute still bans surcharges, but the Attorney General says courts struck it down. Disclose any credit card fee.Source: Florida Attorney General, How to protect yourself: credit card surcharges | |
| Georgia | Surcharging allowed | No Georgia law caps retail card surcharges; Visa's 3% and Mastercard's 4% network caps apply.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Hawaii | Check current rules | No Hawaii surcharge statute turned up and Visa lists no Hawaii rule, but a 2026 bill, HB 1930, proposed card fee limits. Check whether it passed.Sources: U.S. Merchant Surcharge Q and A (Visa); Hawaii State Legislature, HB1930 (2026), Relating to Consumer Protection; Mastercard Credit Card Surcharge Rules and Fees for Merchants | |
| Idaho | Surcharging allowed | No Idaho law bans or caps them, so card network caps apply; on taxable sales, the fee itself may be taxable.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Illinois | Surcharging allowed | No Illinois statute caps surcharges, so Visa's 3% and Mastercard's 4% limits apply; the 1% cap often quoted came from a bill that died.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Indiana | Surcharging allowed | Indiana has no surcharge statute, so card network rules govern: up to 3% on Visa, 4% on Mastercard, and never on debit or prepaid cards.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Iowa | Surcharging allowed | No Iowa statute limits credit card surcharges, so Visa's 3% and Mastercard's 4% caps and the debit card ban set the rules.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Kansas | Allowed with limits | Kansas allows credit card surcharges if you disclose the amount at the point of entry or sale first; network caps of 3% and 4% apply.Source: Kansas Legislature, K.S.A. 16a-2-403 (2026 Kansas Statutes) | |
| Kentucky | Surcharging allowed | Kentucky has no surcharge statute we've found, so network rules apply: 3% on Visa, 4% on Mastercard, none on debit.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Louisiana | Surcharging allowed | No state cap on credit card surcharges, but Louisiana has banned debit card surcharges since August 1, 2026.Source: Louisiana Legislature, Act 751 of 2026 (Senate Bill 254), enrolled text | |
| Maine | Surcharging prohibited | Maine bans surcharges on both credit and debit card payments; discounts for paying cash or check are allowed.Source: Maine Revised Statutes, Title 9-A, Sec. 8-509, Credit card and debit card surcharge prohibition | |
| Maryland | Surcharging allowed | No Maryland law caps surcharges (there's no 4% state cap); Visa's 3% and Mastercard's 4% caps still apply.Source: Maryland Code, Commercial Law Sec. 12-509 | |
| Massachusetts | Surcharging prohibited | Massachusetts bans credit card surcharges; a discount for paying cash or check is the lawful alternative.Source: Massachusetts General Laws, Chapter 140D, Section 28A | |
| Michigan | Surcharging allowed | Michigan's Attorney General says no state law restricts card surcharges; Visa and Mastercard caps and their debit card ban still apply.Source: Michigan Department of Attorney General, Credit and debit card surcharges | |
| Minnesota | Allowed with limits | Minnesota allows credit card surcharges up to 5% with spoken and posted notice; Visa's 3% and Mastercard's 4% caps are lower.Source: Minnesota Revisor of Statutes, 325G.051 Surcharges on credit cards | |
| Mississippi | Surcharging allowed | We found no Mississippi surcharge statute; Visa (3%) and Mastercard (4%) caps and the debit card ban apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Missouri | Surcharging allowed | Missouri has no surcharge statute; Visa's 3% and Mastercard's 4% caps, disclosure rules and the debit card ban set the limits.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Montana | Surcharging allowed | No Montana statute caps them, despite a 3% cap quoted online; card network caps and the debit ban still apply.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Nebraska | Surcharging allowed | We found no Nebraska surcharge statute; Visa's 3% and Mastercard's 4% caps apply, and debit and prepaid cards can't be surcharged.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Nevada | Surcharging allowed | No Nevada statute bans or caps them; Visa and Mastercard caps, posted signs and itemized receipts still apply.Source: Nevada Attorney General, consumer alert on deceptive credit card surcharges (November 16, 2020) | |
| New Hampshire | Surcharging allowed | No New Hampshire law limits surcharges; Visa's 3% and Mastercard's 4% caps, notice and receipt rules apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| New Jersey | Allowed with limits | Credit card surcharges are capped at your actual processing cost and must be disclosed before the customer pays.Source: New Jersey Legislature, P.L. 2023, c. 146 (credit card surcharges) | |
| New Mexico | Surcharging allowed | No state surcharge law found, so card network caps apply: 3% for Visa, 4% for Mastercard, or your cost if lower. No debit.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| New York | Allowed with limits | Surcharges can't exceed what the card company charges you, and you must post the total price for paying by card.Source: New York State Senate, General Business Law Sec. 518 | |
| North Carolina | Surcharging allowed | No North Carolina surcharge statute that we've found; Visa caps credit surcharges at 3% and Mastercard at 4%.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| North Dakota | Surcharging allowed | North Dakota has no surcharge statute; card network caps of 3% for Visa and 4% for Mastercard apply, and debit can't be surcharged.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Ohio | Surcharging allowed | No Ohio statute restricts credit card surcharges; the card networks cap them at 3% (Visa) and 4% (Mastercard) and bar them on debit.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Oklahoma | Allowed with limits | Allowed on credit cards since Nov. 1, 2025, capped at 2% or your actual processing cost, whichever is less, with posted notice.Source: Oklahoma Legislature, Enrolled Senate Bill No. 677 (PDF) | |
| Oregon | Surcharging allowed | No Oregon law bans or caps them; Visa and Mastercard caps, posted notice and the ban on debit surcharges still apply.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Pennsylvania | Surcharging allowed | No Pennsylvania law limits surcharges; Visa's 3% and Mastercard's 4% caps and the disclosure rules apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Rhode Island | Surcharging allowed | No Rhode Island law limits surcharges; Visa's 3% and Mastercard's 4% caps apply, and debit cards are off limits.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| South Carolina | Surcharging allowed | South Carolina has no surcharge statute we've found; network caps and the debit card ban set the limits.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| South Dakota | Surcharging allowed | No South Dakota statute caps surcharges; network caps apply, and Visa's 3% is lower than the 4% in the state's consumer guidance.Source: South Dakota Consumer Protection, Credit, debit and ATM cards | |
| Tennessee | Surcharging allowed | No Tennessee surcharge statute we've found; network caps apply, and fees must be disclosed before the customer pays.Source: Tennessee Attorney General, AG Slatery warns against deceptive credit card surcharges (February 12, 2021) | |
| Texas | Allowed with limits | Ban still in the statute; a 2018 ruling covers surcharges at or below cost. Debit surcharges are banned. Get legal advice first.Source: Texas Business and Commerce Code, Chapter 604A: Prohibition of certain surcharges | |
| Utah | Surcharging allowed | No Utah statute caps them; disclose the exact fee before purchase and stay within the Visa and Mastercard caps.Source: Utah Division of Consumer Protection, Surcharges and fees | |
| Vermont | Surcharging allowed | No Vermont law limits surcharges; Visa's 3% and Mastercard's 4% caps, notice and receipt rules still apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Virginia | Surcharging allowed | No Virginia surcharge cap, but since July 1, 2025 displayed prices must include any mandatory fee or surcharge.Source: Code of Virginia, Section 59.1-608: Mandatory fees or surcharges; disclosure required | |
| Washington | Surcharging allowed | No Washington statute limits them, so the card network caps, posted notice and the no-debit rule are what apply.Source: U.S. Merchant Surcharge Q and A (Visa) | |
| Washington, DC | Surcharging allowed | No DC law limits credit card surcharges; Visa's 3% and Mastercard's 4% caps and disclosure rules still apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| West Virginia | Surcharging allowed | West Virginia has no surcharge statute we've found; card network caps (3% Visa, 4% Mastercard) apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Wisconsin | Surcharging allowed | No Wisconsin statute limits credit card surcharges, and state law bars card issuers from blocking cash discounts; network caps apply.Source: National Conference of State Legislatures, Credit or debit card surcharges statutes (2016 table) | |
| Wyoming | Surcharging allowed | No Wyoming statute restricts them; Visa and Mastercard caps, disclosure rules and the debit ban are the limits.Source: U.S. Merchant Surcharge Q and A (Visa) |
51 rows, one for each state and DC.
The CSV has the same rows, plus each state's cap where state law sets one, the full source link, and our page for the state.
Cite this: Clearo Payments, "Credit card surcharging rules by state (2026 guide)," https://clearopayments.com/blog/credit-card-surcharging-rules-by-state/, latest row checked .
How to set up surcharging compliantly
Confirm your state allows it
Verify your state permits surcharging. Connecticut, Maine, and Massachusetts currently prohibit it.
Give notice
Visa requires at least 30 days' notice to your acquirer before you start, and Mastercard's rules also call for advance notice. Clearo handles this for you.
Post required signage
Signage must appear at the entrance and at the point of sale. We provide compliant signage templates.
Configure your terminals
Terminals must automatically identify credit vs. debit and apply the surcharge only to credit transactions. Clearo handles this configuration.
Update your receipts
The surcharge must appear as a separate, labeled line item on all receipts. Automatic with proper terminal setup.
Common mistakes that trigger problems
Surcharging vs. dual pricing vs. cash discount
Surcharging adds a fee to credit card transactions. Dual pricing displays two prices (cash and card) and lets the customer choose. Cash discounting offers a discount to cash customers (which is legally a different structure than surcharging). Surcharging is particularly popular among wellness and fitness businesses and professional services firms where customers regularly pay large invoices by credit card. See how Clearo's surcharging compares to Square for service businesses.
All three can achieve similar outcomes. The right choice depends on your state, customer base, and how you want to communicate pricing. Clearo will recommend the right approach for your specific situation. Book a free statement review to see how surcharging could impact your bottom line.
Not sure if surcharging works in your state?
Book a call and we'll tell you upfront whether surcharging is available in your market, and if not, what alternatives might work.
Learn About Our Surcharging ProgramSources
The card network rules and the three state bans above come from these sources. Each row of the state table links its own main source, and each state's page lists every source behind its status.
- U.S. Merchant Surcharge Q and A (Visa) (usa.visa.com)
- Mastercard Credit Card Surcharge Rules and Fees for Merchants (mastercard.com)
- Connecticut Department of Consumer Protection, What is the Connecticut surcharge law? (portal.ct.gov)
- Connecticut General Statutes, Chapter 739, Sec. 42-133ff (cga.ct.gov)
- Maine Revised Statutes, Title 9-A, Sec. 8-509, Credit card and debit card surcharge prohibition (legislature.maine.gov)
- Massachusetts General Laws, Chapter 140D, Section 28A (malegislature.gov)