Credit card surcharge laws in North Dakota (2026)
Allowed, card-network rules only
North Dakota has no state law on merchant credit card surcharges, so you may surcharge within card-network rules.
The details
| Statute | No state statute on credit card surcharges found |
|---|---|
| Source check | Verified on the official site |
| Checked | Oct 6, 2026 |
How this entry was checked
Absence confirmed by downloading and searching Century Code chapters 51-14, 51-14.1, 51-15, 51-07, 51-28, 13-01, 13-05, 54-06, 6-09, 57-39.2 and 20.1-03 from ndlegis.gov/cencode for 'surcharge'/'service charge'/'discount' near 'card'. Only government-payee provisions exist: N.D.C.C. 54-06-08.2 (state agencies may add a service fee for card payments under Bank of North Dakota rules, N.D. Admin. Code art. 12.5-03) and 20.1-03-12.4 (Game & Fish licenses). Bills HB 1204 (2019), SB 2217 (2023), HB 1471 (2025) checked; none regulate merchant surcharges. No ND AG guidance found. General consumer-fraud chapter 51-15 applies to deceptive pricing.
What this means for each program in North Dakota
| 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. North Dakota 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; no North Dakota statute addresses dual pricing), so North Dakota'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
- No state statute on credit card surcharges found. Source read: ndlegis.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.