Surcharge Rules by State: Can You Add a Card Fee Here?
The cap, the signs and the law, state by state.
Payments Tools
Surcharge rules
Pick Your State.
State law first, then Visa's rules, which apply everywhere.
Pick your state
Allowed, with limits
Allowed, capped at what processing actually costs you.
- No more than the actual cost to process the credit card payment.
- Disclose the amount before the customer is charged: a sign at the point of entry and point of sale.
- Restaurants: a sign in the customer service area and on the menu.
- Online, app or kiosk: notice on the checkout page. Phone orders: verbal notice.
Law: P.L.2023, c.146 (N.J.S.A. 56:8-156.1 et seq.)
Visa’s rules, in every state
- Credit cards only. Debit and prepaid cards can never be surcharged.
- Capped at your processing rate for that card or 3%, whichever is lower.
- Tell your acquirer at least 30 days before you start.
- Disclose it at the point of entry, at the point of sale, and on every receipt.
Set It Up Compliantly
Surcharge or cash discount, matched to your state.
Checked against each state’s statute text as of October 2026. A summary for orientation, not legal advice; laws change, so confirm before you start.
The long version is in can a business charge a credit card fee and cash discount vs surcharge.
Commonly Asked Questions
Which states ban credit card surcharges?
Of the statutes we have read, Connecticut bans surcharges on any transaction, Massachusetts bans them for credit cards, Maine bans them for credit and debit cards, and Puerto Rico bans them.
Can I surcharge in New Jersey?
Yes, up to your actual cost to process the credit card payment, disclosed before the customer is charged: signs at the point of entry and point of sale, or for restaurants in the customer service area and on the menu.
Can I surcharge debit cards?
No. Visa bans surcharges on debit and prepaid cards everywhere in the US, and Maine and Louisiana also ban debit surcharges by law.
What is the most a business can surcharge?
Under Visa's rules, your processing rate for that card or 3%, whichever is lower. Some states cap it lower: Colorado and Oklahoma at 2%, and New Jersey and New York at your actual cost.
Is a cash discount the same as a surcharge?
No. A cash discount takes money off the posted card price for paying cash; a surcharge adds a fee on top of the card price. Federal law protects cash discounts.
Let's talk
Pass the Cost On, Inside the Rules.
Surcharge or cash discount, set up for your state, on the right processor.