Credit card surcharge laws in Montana (2026)
Allowed, card-network rules only
You can surcharge credit cards in Montana under card-network rules; the '3% cap' some trackers attribute to Montana comes from bills that never became law.
The details
| Statute | No state statute on credit card surcharges found |
|---|---|
| Source check | Verified on the official site |
| Checked | Oct 7, 2026 |
How this entry was checked
Absence confirmed by site-restricted search of the Montana Code Annotated (mca.legmt.gov) and by reading the Title 31, ch. 2, part 1 section index where the 2021 draft would have been codified; every 'surcharge'/'convenience fee' hit is a government-payment provision (MCA 7-6-617, 15-1-231, 61-3-117, 87-2-903). SB 528 (2025), 'Revising laws related to credit card transaction fees,' passed both chambers in different forms, went to conference, and ended '(S) Died in Committee' on 2025-05-23 with no session-law chapter -- history VERIFIED 2026-10-07 from the Legislature's bill-data API (api.legmt.gov/bills/v1/bills/2981). The 2021 draft LC 350 (3% cap, pre-transaction disclosure) was never enacted. Montana Unfair Trade Practices and Consumer Protection Act (MCA 30-14-103) general deception rules apply.
What this means for each program in Montana
| 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 Montana 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: mca.legmt.gov
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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.