Credit card surcharge laws in New Jersey (2026)
Allowed with state conditions
You can surcharge credit cards in New Jersey only up to your actual cost to process the payment, and you must disclose the surcharge amount before the customer incurs any charge: signs at the point of entry and point of sale (restaurants: customer-service-area sign and the menu), a checkout-page notice online or at a kiosk, and verbal notice by phone.
The details
| Cap | The seller's 'actual cost to the seller to process the credit card payment' (N.J.S.A. 56:8-156.2.a); no numeric percentage. A flat rate is fine if it does not exceed actual cost for that transaction. Records must be made available to the Director of Consumer Affairs on request. |
|---|---|
| Disclosure | Amount of the surcharge (a percentage is acceptable) must be disclosed 'prior to the customer incurring any charge.' Non-restaurant: clear and conspicuous sign at the point of entry AND point of sale. Restaurant: sign in the customer service area AND on the menu (Division: includes menu boards and online/QR menus). Website, mobile app, or kiosk: clear and conspicuous electronic notice on the checkout page before processing. Telephone: verbal notice before processing. Division FAQ: a sign saying only that a surcharge applies, without the amount, does not comply. |
| Debit and prepaid | The 2023 act covers credit cards only (Division FAQ: 'apply only to credit card transactions'). S4107/A5110 (2026) would ban debit and gift-card surcharges; S4107 passed the Senate 40-0 on 2026-06-18 and sits in the Assembly Commerce and Economic Development Committee -- not law as of 2026-10-07. Network rules still bar debit/prepaid surcharges. |
| Statute | N.J.S.A. 56:8-156.1 and 56:8-156.2 (P.L.2023, c.146) |
| Last change | Enacted and effective 2023-08-18 (P.L.2023, c.146, 'shall take effect immediately'); no amendment located since. |
| Source check | Verified on the official site |
| Checked | Oct 7, 2026 |
How this entry was checked
Statute text re-read on pub.njleg.state.nj.us 2026-10-07. The commonly cited citation 'P.L.2023, c.133, N.J.S.A. 56:8-2.33' is wrong on both counts: c.133 is a prevailing-wage law (S3776, approved 2023-08-07), and 56:8-2.33 is the 2019 cash-acceptance law (P.L.2019, c.50) that bars in-person retailers from refusing cash, so a cash-discount or dual-pricing program in NJ always has a real cash option. 'Goods' excludes motor fuel, so gas-station cash/credit pricing is outside the surcharge act. Violation is an unlawful practice under the Consumer Fraud Act (up to $10,000 first, $20,000 subsequent per the AG's June 2026 junk-fee enforcement statement, which targets drip pricing generally and does not mention card surcharges). Division of Consumer Affairs FAQ (rev. 2023-12-11): nj.gov . Watch: A4807 (2026) would ban credit surcharges outright; in Assembly Consumer Affairs since 2026-03-23. Bill histories VERIFIED on the Legislature's bill-status API 2026-10-07.
What this means for each program in New Jersey
| 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 New Jersey specifically. |
|---|---|
| Cash discounting | Permitted. The posted price is the card price and cash pays less. New Jersey 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 New Jersey'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.