Credit card surcharge laws in District of Columbia (2026)
Allowed with state conditions
You can surcharge credit cards in DC under card-network rules, but every fee must be disclosed before the customer commits (OAG position under the CPPA), and since Sept. 26, 2026 D.C. Code 28-3904(a)(12) makes it unlawful to advertise a price that omits mandatory fees, so a card-only merchant must advertise the surcharged price.
The details
| Disclosure | D.C. Code 28-3904(a)(12) (D.C. Law 26-187, effective 2026-09-26): unlawful to advertise, display or offer a price 'that does not include all mandatory fees or charges' other than government taxes/fees and actual shipping. OAG restaurant-fee advisories (March and Aug. 2023): fees are allowed but must be disclosed timely, prominently and accurately before ordering; penalties up to $5,000 per violation ($10,000 repeat). |
|---|---|
| Statute | No District statute on credit card surcharges found; D.C. Code 28-3904(a)(12) (all-in pricing) applies |
| Last change | D.C. Law 26-187 (Enhancing Consumer Protection Procedures Amendment Act of 2026) rewrote 28-3904 and added the mandatory-fee pricing paragraph, effective 2026-09-26 |
| Source check | Verified: the statute was read on the official site. Whether an avoidable card surcharge counts as a 'mandatory' fee is our reading; the D.C. Attorney General has issued no guidance on this paragraph |
| Checked | Oct 7, 2026 |
How this entry was checked
Code search on code.dccouncil.gov for 'surcharge'/'credit card' returns only recorder-of-deeds, tax-payment and CFO sections. Paragraph (12) is word-for-word California's 1770(a)(29)(A); Law 26-187 sec. 6 makes only secs. 4(c),(d),(e),(g),(h) funding-contingent, so sec. 4(f) (the 28-3904 rewrite) is in force. UNVERIFIED: whether an avoidable card surcharge is a 'mandatory' fee; the DC AG has issued no guidance on (12); by analogy to the California AG reading, an avoidable surcharge likely is not, a card-only merchant's fee is (JUDGMENT). Fair Swipe Act B26-0138 (interchange on tax and tip) has sat in committee since 2025-03-05 (from a secondary source) and is not a surcharge bill.
What this means for each program in District of Columbia
| 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 District of Columbia specifically. |
|---|---|
| Cash discounting | Permitted under the card-network rules. The posted price is the card price and cash pays less; every card, debit included, pays the posted price. |
| Dual pricing | Treated like a cash discount in practice (our reading; no District of Columbia statute addresses dual pricing): the card price shown first with the cash price beside it, every card pays the card price, cash pays the cash 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
- No District statute on credit card surcharges found; D.C. Code 28-3904(a)(12) (all-in pricing) applies. Source read: code.dccouncil.gov
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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.