Credit card surcharge laws in Illinois (2026)
Allowed, card-network rules only
You can surcharge credit cards in Illinois under card-network rules; the state has no surcharge statute, and the separate Interchange Fee Prohibition Act is not a surcharge law, is enjoined for most banks, and is postponed to July 1, 2027.
The details
| Statute | No state statute on credit card surcharges found |
|---|---|
| Court decision | Illinois Bankers Association v. Raoul, No. 1:24-cv-07307 (N.D. Ill.), permanent injunction June 1, 2026 against enforcing the Interchange Fee Prohibition Act (815 ILCS 151) as to national banks, federal savings associations, out-of-state state banks and card networks (not a surcharge case) |
| Last change | IFPA effective date moved to July 1, 2027 by P.A. 104-532 |
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Read the full compiled Consumer Fraud Act (815 ILCS 505) on ilga.gov: the only 'surcharge' hits are telephone-rate disclosures. Surcharge bills HB 3128 (2021), SB 3259 (2024) and SB 1931 (2025, cash-acceptance condition) all died. IFPA (interchange on tax and tip) text on ilga.gov reads 'eff. 7-1-27'; OCC preemption order published 4/29/2026. Court-ruling details are from a secondary source (docket and reports; opinion not read on a court site); statute and effective date VERIFIED.
What this means for each program in Illinois
| Surcharging | Allowed under the card-network rules below. No state cap or disclosure rule beyond those was found. |
|---|---|
| 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 Illinois 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 state statute on credit card surcharges found. Source read: ilga.gov
- Illinois Bankers Association v. Raoul, No. 1:24-cv-07307 (N.D. Ill.), permanent injunction June 1, 2026 against enforcing the Interchange Fee Prohibition Act (815 ILCS 151) as to national banks, federal savings associations, out-of-state state banks and card networks (not a surcharge case)
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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.