Credit card surcharge laws in New Mexico (2026)
Allowed, card-network rules only
You can surcharge credit cards in New Mexico under card-network rules; the state has no ban, cap, or disclosure statute, and its only surcharge provision lets government bodies charge a convenience fee limited to processing cost.
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 2026-10-07 by downloading the official NMSA 1978 compilation PDFs for Chapter 56 (Commercial Instruments and Transactions), Chapter 57 (Trade Practices and Regulations) and Chapter 58 (Financial Institutions) from nmonesource.com and text-searching them: zero card-related 'surcharge' hits (the two hits in ch. 57 are an insurance-premium case annotation and 57-16-7(I) on manufacturer warranty reimbursement to dealers). Compilation current through Laws 2025, ch. 122. Government provision: NMSA 6-10-1.2 (SB 77 of 2010, Ch. 64) lets a state agency or local governing body charge a convenience fee 'to cover the cost of processing a credit card or electronic transfer transaction.' Dead bills: HB 545 (2013), 'Credit Card Surcharges on Some Transactions' -- postponed indefinitely; HB 476 (2025), interchange on taxes/tips -- postponed indefinitely. New Mexico Unfair Practices Act (57-12-2, -3) general deception rules apply.
What this means for each program in New Mexico
| 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 New Mexico 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: nmonesource.com
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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.