Credit card surcharge laws in Colorado (2026)
Allowed with state conditions
You can surcharge credit and charge cards in Colorado, but only up to 2% of the transaction (or your actual merchant discount fee), with the statutory sign posted, a separate receipt line, one surcharge per transaction, and never on debit, cash, check or gift-card payments.
The details
| Cap | 2% of the total transaction, or the merchant discount fee the seller actually incurs (seller elects which); one surcharge per transaction (C.R.S. 5-2-212(1)(c), (1)(e)). |
|---|---|
| Disclosure | Statutory sign text must be posted on the premises or displayed online before checkout; the surcharge must appear as a separate line item on the receipt (5-2-212(1)(c), (1)(d)). Cash discounts must be disclosed clearly and conspicuously to all buyers (5-2-212(2)). |
| Debit and prepaid | Prohibited by statute on debit (PIN or signature), on payments processed as debit, and on gift-card redemptions (5-2-212(1)(f)). |
| Statute | Colo. Rev. Stat. 5-2-212 |
| Last change | SB 21-091, effective 2021-07-01 (operative for contracts on or after 2022-07-01) |
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Text read in the official OLLS 2024 and 2025 C.R.S. PDFs; unchanged between editions. Violation is a Uniform Consumer Credit Code violation. 2025-2026 interchange bills (HB25-1282, SB26-134, vetoed 2026-06-03) did not amend 5-2-212.
What this means for each program in Colorado
| Surcharging | Allowed, but only if you meet the state conditions above on top of the card-network rules. Equipment and signage have to be set up for Colorado specifically. |
|---|---|
| Cash discounting | Permitted. The posted price is the card price and cash pays less. Colorado law speaks to discounts; see the Disclosure row above and the statute before setting the program. |
| Dual pricing | Treated like a cash discount in practice (our reading; the statute does not use the term), so Colorado's discount rules apply: the card price shown first with the cash price beside it, and cash pays the cash price. Check the statute for which payment types must get the lower price. |
Card-network rules apply everywhere a surcharge is allowed
- Credit cards only. Never debit or prepaid, even when the customer presses "credit."
- Capped at 3% and never more than your own cost of accepting credit cards.
- Disclosed at the entrance and at the register, and printed as its own line on the receipt.
- Your processor (acquirer) gets written notice at least 30 days before you start.
Source: Visa Core Rules and Visa Product and Service Rules, April 2026 edition, sections 5.5.1.5 to 5.5.1.9. Mastercard's rules are comparable; its current rulebook text was not verified for this guide.
Sources
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Get my fit checkThis guide is general information, not legal advice. Each entry was checked against the official statute, regulation, or court decision linked on the page, as of the date shown, by Cardeva, LLC. Laws change, legislatures are in session, and court rulings can alter the practical status of a statute that remains on the books. Before starting any surcharge, cash-discount, or dual-pricing program, confirm the rules for your state and your payment types with your processor and your own attorney. Any program Cardeva sets up starts only after your processor approves it in writing; rely on that approval and your own attorney, not this page. Nothing here is a guarantee of any outcome. See our Terms of Use. Think something has changed? Use the contact form or call (612) 250-6132.