Credit card surcharge laws in Maine (2026)
Banned
You cannot add a surcharge to credit or debit card payments in Maine; you may offer a discount off the regular price for cash, which the statute says is not a surcharge.
The details
| Disclosure | Cash discount expressly permitted ('A discount or reduction from the regular price is not a surcharge'); no merchant disclosure rule because surcharges are banned. Governmental entities may surcharge at cost with prior clear disclosure and must tell the consumer it can be avoided by paying cash or check. |
|---|---|
| Debit and prepaid | Debit cards expressly covered by the ban ('credit card or debit card'); prepaid cards not mentioned. |
| Statute | 9-A M.R.S. sec. 8-509 |
| Last change | Enacted PL 2011, c. 427, Pt. A, sec. 15; subsection 2 amended PL 2021, c. 150, sec. 2 |
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Verbatim: 'A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means. For purposes of this section, "surcharge" means any means of increasing the regular price to a cardholder that is not imposed on a customer paying by cash, check or similar means. A discount or reduction from the regular price is not a surcharge.' LD 151 (2025), which would have allowed surcharges, was 'Ought Not to Pass' on May 27, 2025. LD 2072 (enacted 2026 as PL 2025, c. 565) amends other Title 9-A sections and does not touch 8-509.
What this means for each program in Maine
| Surcharging | Not available. Maine prohibits surcharges; do not run one here. |
|---|---|
| Cash discounting | Permitted. The posted price is the card price and cash pays less. Maine 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 Maine'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.