Credit card surcharge laws in Tennessee (2026)
Allowed, card-network rules only
You may surcharge credit cards in Tennessee under card-network rules only; the state adds no cap, disclosure format or ban, and only the general Consumer Protection Act (no deception) applies.
The details
| Cap | None in state law (network caps only). |
|---|---|
| Disclosure | No surcharge-specific or total-price statute; Tenn. Code Ann. § 47-18-104 general unfair/deceptive standard. |
| Debit and prepaid | Not addressed by statute (network rules bar debit/prepaid surcharges). |
| Statute | No statute on credit card surcharges found |
| Court decision | None found. Tenn. Att'y Gen. Op. No. 01-015 (Jan. 31, 2001) found no state or federal anti-surcharge provision (context: government offices). |
| Source check | Secondary (official code not searchable online; confirmed on a code mirror and in bill records) |
| Checked | Oct 7, 2026 |
How this entry was checked
Related, not surcharge rules: Tenn. Code Ann. §§ 47-22-401 to -404 (eff. Jan. 1, 2016) require processors contracting directly with merchants to give network rules, a full fee schedule and itemized monthly statements (penalty up to $2,000); §§ 8-21-107 and 9-1-108 let government offices charge a cost-based card fee capped at 5% with notice (section numbers from a secondary source). Section last reviewed 2026-10-06.
What this means for each program in Tennessee
| 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 Tennessee 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 statute on credit card surcharges found Searched: the Tennessee Code, which is hosted on LexisNexis and cannot be linked directly.
- Tenn. Att'y Gen. Op. No. 01-015 (Jan. 31, 2001) found no state or federal anti-surcharge provision (context: government offices).
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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.