State-by-state guide

Credit card surcharge laws by state, 2026.

Where a merchant may add a fee to credit card purchases, where it is capped or carries disclosure rules, and where it is banned. 48 of the 52 entries were verified on the official statute site, in official guidance, or in the court opinion. Puerto Rico and Washington are partly verified, and Arkansas and Tennessee rely on a code mirror; each is labeled on its page. Nothing was copied from a tracker. Checked Oct 6–7, 2026. General information, not legal advice: confirm with your processor and your attorney before you start.

Allowed, card-network rules only. No state law on surcharges; only the card networks' rules apply (credit only, 3% cap, posted signs, 30 days' notice to your processor).
Allowed with state conditions. A state cap, sign rule, total-price rule, debit rule, or a surcharge ban still on the books that a court has limited; details on the state page.
Banned. A state law in force prohibits credit card surcharges; most of these states still allow a cash discount.

Find a state

Hover or tap a state. The small boxes at the right are the Northeastern states; Hawaii's and Puerto Rico's boxes sit below them. Boundaries: U.S. Census Bureau.

Use the search box above to jump to a state, or scroll the list; every state is here.

Not sure which program fits your state? Send a statement and we check it against this guide, free.

Get my fit check

All 52, A to Z: the 50 states, D.C. and Puerto Rico. Use the buttons above to show only one status.
State	Status	Cap	State condition	Statute	Checked
Alabama	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Alaska	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Arizona	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Arkansas	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
California	Allowed with state conditions	None in state law	Advertised prices must include mandatory fees; a fee the customer can avoid by paying cash is exempt (Civ. Code 1770(a)(29))	Cal. Civ. Code 1748.1	Oct 6, 2026
Colorado	Allowed with state conditions	2% of the transaction, or your actual merchant fee (your choice); one surcharge per sale (C.R.S. 5-2-212(1)(c))	Post the statutory sign (online: before checkout); show the surcharge as its own receipt line; no debit surcharges (C.R.S. 5-2-212)	Colo. Rev. Stat. 5-2-212	Oct 6, 2026
Connecticut	Banned	Not applicable (surcharges banned)	Surcharges banned on any payment method; cash, check or debit discounts allowed with a posted notice (42-133ff)	Conn. Gen. Stat. 42-133ff	Oct 6, 2026
Delaware	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
District of Columbia	Allowed with state conditions	None in state law	Advertised prices must include all mandatory fees from Sept 26, 2026; fees disclosed before ordering (D.C. Code 28-3904(a)(12))	No state statute found	Oct 7, 2026
Florida	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	Fla. Stat. 501.0117	Oct 6, 2026
Georgia	Allowed, card-network rules only	None for retail surcharges; a cost-based convenience-fee cap applies only to loan and installment-contract payments (O.C.G.A. 13-1-15)	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Hawaii	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Idaho	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Illinois	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Indiana	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Iowa	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Kansas	Allowed with state conditions	None in state law	Surcharge amount disclosed by a clear notice at the entrance or point of sale, before the transaction (K.S.A. 16a-2-403)	K.S.A. 16a-2-403	Oct 6, 2026
Kentucky	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Louisiana	Allowed with state conditions	None in state law	Debit-card surcharges banned by state law from Aug 1, 2026, with a private right of action; credit follows network rules (La. R.S. 51:3081)	La. R.S. 51:3081-3082	Oct 6, 2026
Maine	Banned	Not applicable (surcharges banned)	Surcharges banned on credit and debit cards; a cash discount is expressly allowed; government offices may charge at cost with notice	9-A M.R.S. sec. 8-509	Oct 6, 2026
Maryland	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	Md. Code, Commercial Law sec. 12-509	Oct 6, 2026
Massachusetts	Banned	Not applicable (surcharges banned)	Surcharges banned; cash discount allowed if offered to all and disclosed; the total price incl. any unavoidable card fee must be shown (940 CMR 38.00)	M.G.L. c. 140D, sec. 28A	Oct 6, 2026
Michigan	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Minnesota	Allowed with state conditions	5% by statute, but the 3% network cap is lower and still applies (Minn. Stat. 325G.051)	Oral notice at the sale plus a posted sign (online: notice at checkout); 5% statutory cap, but the 3% network cap still applies (Minn. Stat. 325G.051)	Minn. Stat. 325G.051; Minn. Stat. 325D.44…	Oct 7, 2026
Mississippi	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Missouri	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Montana	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Nebraska	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Nevada	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
New Hampshire	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
New Jersey	Allowed with state conditions	Your actual cost to process that payment; no fixed percentage (N.J.S.A. 56:8-156.2)	Surcharge amount disclosed before any charge: sign at entry and point of sale (restaurants: service area and menu); online notice at checkout (N.J.S.A. 56:8-156.1)	N.J.S.A. 56:8-156.1 and 56:8-156.2	Oct 7, 2026
New Mexico	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
New York	Allowed with state conditions	Your actual cost for that card use; no fixed percentage in the statute (GBL § 518)	Post the total credit price including the surcharge; '+X% fee' tags and receipt-only fees are illegal; two-tier pricing allowed (GBL § 518)	N.Y. Gen. Bus. Law § 518	Oct 6, 2026
North Carolina	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
North Dakota	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Ohio	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Oklahoma	Allowed with state conditions	Lesser of 2% or your actual processing cost (14A O.S. § 2-211(B)(2))	Surcharge amount posted at entry and point of sale (online: home and checkout pages); not allowed if you take only credit cards (14A O.S. § 2-211)	14A O.S. § 2-211	Oct 6, 2026
Oregon	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 6, 2026
Pennsylvania	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Puerto Rico	Banned	Not applicable (surcharges banned)	Surcharges banned on credit and debit cards; cash-discount and dual-pricing displays are also prohibited (10 L.P.R.A. § 11)	Ley Núm. 150 de 4 de agosto de 2008, según…	Oct 7, 2026
Rhode Island	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
South Carolina	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
South Dakota	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Tennessee	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Texas	Allowed with state conditions	None in statute; in practice your actual cost of acceptance after Rowell v. Paxton; $500 per violation above that (§ 604A.003)	Display the exact surcharge as a percentage of the price; never above your cost of acceptance; no debit or prepaid surcharges (Bus. & Com. Code 604A)	Tex. Bus. & Com. Code §§ 604A.001-.003	Oct 7, 2026
Utah	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Vermont	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Virginia	Allowed with state conditions	None in state law	Displayed prices must include all mandatory fees; a discount or fee waiver may be shown separately; up to $2,500 per willful violation (Va. Code § 59.1-608)	Va. Code §§ 59.1-607 to 59.1-610	Oct 7, 2026
Washington	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
West Virginia	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Wisconsin	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026
Wyoming	Allowed, card-network rules only	None in state law	None; general consumer-protection law only	No state statute found	Oct 7, 2026

How to read this guide

Allowed, card-network rules only means we found no state law restricting credit card surcharges, so only the card networks' rules apply (credit only, 3% cap and never above cost, disclosure at the entrance, the register and the receipt, and 30 days' notice to your processor). Florida's ban was struck down outright, so it is listed here. Allowed with state conditions means a state cap, a disclosure or total-price rule (the advertised price must include any fee the customer can't avoid), a state rule on debit cards (Louisiana), or a surcharge ban still on the books that a court has limited but not struck down outright (Texas, California); each is explained on the state's page. Banned means a currently enforceable statute prohibits credit surcharges; in most of those states a cash discount is still permitted.

How we checked

Each state page links the statute or ruling we read, with the date it was checked; where a state has no surcharge statute, the page names what was searched. 48 entries were read on the legislature's official site, the attorney general's published guidance, or the court decision that changed the statute's effect. Puerto Rico and Washington are partly verified, and Arkansas and Tennessee rely on a code mirror; each is labeled on its page. Popular online trackers disagree with the official text in more than a dozen states; where they do, this guide follows the official text and says so on the state's page. The guide is re-verified quarterly, and sooner when we learn a legislature has acted.

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.

This 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.

Free fee-program fit check

One state or ten: send us your statement and where you sell. We check each state against this guide, tell you which program fits, and show the monthly math. If a state won't work, we say so.

Get my fit check