Credit card surcharge laws in Kansas (2026)
Allowed with state conditions
You can surcharge credit cards in Kansas as long as you disclose the surcharge amount with a clear and conspicuous notice at the point of entry or point of sale and before the transaction; the old ban was repealed effective January 1, 2025.
The details
| Disclosure | Surcharge amount must be disclosed 'through a clear and conspicuous notice to the customer at the point of entry or the point of sale and in advance of such transaction' (K.S.A. 16a-2-403) |
|---|---|
| Debit and prepaid | Current statute text covers credit cards only; the 2024 amendment deleted the former debit-card language. Debit surcharges remain barred by network rules, not Kansas statute. |
| Statute | K.S.A. 16a-2-403 (as amended by L. 2024, ch. 6, sec. 51, Senate Substitute for HB 2247) |
| Court decision | CardX, LLC v. Schmidt, 522 F. Supp. 3d 929 (D. Kan. 2021), No. 2:20-cv-02274: pre-2025 no-surcharge statute held unconstitutional under the First Amendment as applied to CardX's single-sticker price display |
| Last change | 2025-01-01 (L. 2024, ch. 6, approved March 29, 2024) |
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Verbatim current text: 'No person or retailer doing business in any sales, service or lease transaction with a customer may impose a surcharge on a customer who elects to use a credit card as payment unless such person or retailer discloses the amount of such a surcharge through a clear and conspicuous notice to the customer at the point of entry or the point of sale and in advance of such transaction.' Session law read at sos.ks.gov (sec. 51 and sec. 121 effective-date clause). The Revisor's annotation and Kansas Comment note cash discounts are permitted (Kan. A.G. Op. 86-115) and that manipulative surcharge/discount framing may be a KCPA deceptive practice. The CardX ruling is now historical; the amended statute controls.
What this means for each program in Kansas
| 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 Kansas specifically. |
|---|---|
| Cash discounting | Permitted. The posted price is the card price and cash pays less. Kansas 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 Kansas'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
- K.S.A. 16a-2-403 (as amended by L. 2024, ch. 6, sec. 51, Senate Substitute for HB 2247)
- CardX, LLC v. Schmidt, 522 F. Supp. 3d 929 (D. Kan. 2021), No. 2:20-cv-02274: pre-2025 no-surcharge statute held unconstitutional under the First Amendment as applied to CardX's single-sticker price display
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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.