Credit card surcharge laws in South Carolina (2026)
Allowed, card-network rules only
South Carolina has no state law on merchant credit card surcharges, so you may surcharge within card-network rules; the 'S.C. Code 39-1-100' that trackers cite as a 2012 surcharge law does not exist (it was a 2013 ban bill that died in committee), and the 2025-26 bills concern interchange on sales tax, chargebacks and rounding change, not surcharges.
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 downloading from scstatehouse.gov/code the full chapter texts of Title 39 ch. 1, 5 (Unfair Trade Practices) and 15; Title 37 (Consumer Protection Code) ch. 1, 2, 3, 6, 10, 20, 21, 22; Title 36 ch. 4A; Title 12 ch. 54; Title 14 ch. 1 (about 870,000 characters) and searching for 'surcharge', 'cash discount', 'convenience fee', 'debit card': no merchant provision. The Code site's own full-text search for '"credit card" surcharge' returns 'found 0 times'. Title 39 ch. 1 ends at § 39-1-90; no § 39-1-100. H 3477 (2013-14) would have added § 39-1-100 to PROHIBIT surcharges (cash discounts allowed; $500/1-year misdemeanor); referred to House Labor, Commerce and Industry 2/5/2013, no further action. 2025-26: H 4613 Sales Tax Swipe Fee Fairness Act (processor may not charge swipe fee on sales-tax portion), H 4614 Chargeback Fairness Act, H 4617 rounding to nearest nickel - all in House LCI committee, none about merchant surcharges. Government payees: § 12-54-75 (State Treasurer may authorize agencies to accept cards and negotiate processing fees) and § 14-1-214 (clerks of court etc. may impose a fee that wholly offsets card processing cost). UTPA § 39-5-20 applies to deceptive pricing; AG civil penalty up to $5,000 per willful violation (§ 39-5-110). No SC DCA or AG merchant-surcharge guidance found.
What this means for each program in South Carolina
| 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. South Carolina 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 South Carolina statute addresses dual pricing), so South Carolina'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: scstatehouse.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.