Credit card surcharge laws in Maryland (2026)
Allowed, card-network rules only
You can surcharge credit cards in Maryland under card-network rules; the only state statute on point guarantees your right to offer a cash discount.
The details
| Statute | Md. Code, Commercial Law sec. 12-509 (cash discount permitted); no statute on credit card surcharges |
|---|---|
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Verbatim: 'Notwithstanding any agreement to the contrary between a seller and the issuer of a credit card, the seller is permitted to offer a cash discount to consumers who pay cash instead of using the credit card.' Com. Law 13-301 (unfair/deceptive practices list) read: no surcharge provision. HB 1481 / SB 520 (2024, cap at actual cost) died in House Rules. SB 893 (2026, Ch. 516) is a cash-rounding law, not a surcharge law.
What this means for each program in Maryland
| Surcharging | Allowed under the card-network rules below. No state cap or disclosure rule beyond those was found. |
|---|---|
| Cash discounting | Permitted. The posted price is the card price and cash pays less. Maryland law speaks to discounts; see the summary 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 Maryland'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
- Md. Code, Commercial Law sec. 12-509 (cash discount permitted); no statute on credit card surcharges
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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.