Credit card surcharge laws in Wisconsin (2026)
Allowed, card-network rules only
You may surcharge credit cards in Wisconsin under card-network rules only; the state has no surcharge ban, cap or disclosure statute, § 422.422 protects your right to offer cash discounts, and the Department of Revenue treats the surcharge as part of the taxable sales price, so charge sales tax on it.
The details
| Cap | None in state law (network caps only). |
|---|---|
| Disclosure | No surcharge-specific or total-price statute; Wis. Stat. § 100.18 (deceptive representations) and § 100.20 (unfair trade practices) general standards. |
| Debit and prepaid | Not addressed by statute. |
| Statute | No statute on credit card surcharges found (related: Wis. Stat. § 422.422, Cash discounts, 2005 Wis. Act 84) |
| Court decision | None found. |
| Source check | Verified on the official site |
| Checked | Oct 7, 2026 |
How this entry was checked
§ 422.422: 'No credit card issuer may, by contract or otherwise, prohibit a merchant from offering a discount to a customer to induce the customer to pay by cash, check, or similar means, rather than by use of a credit card.' Legislature's statutes-only full-text search run 2026-10-07 ("impose a surcharge", "pay by cash", "credit card" "discount" merchant, "surcharge" "cardholder"): no merchant surcharge section. 2013 SB 213 (would have banned surcharges, $25 + damages) failed Apr. 8, 2014; no 2025-26 surcharge bill found. DOR, Wisconsin Tax Bulletin 224 (Jan. 2024) p. 15, revenue.wi.gov : a retailer's card 'swipe' fee 'is included in the sales price, as defined in sec. 77.51(15b), Wis. Stats.' and is taxable when the sale is taxable (3% on a $599 TV = $616.97 taxable; may allocate between taxable and nontaxable items). ATCP 127.74 read; not relevant.
What this means for each program in Wisconsin
| 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. Wisconsin 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; no Wisconsin statute addresses dual pricing), so Wisconsin'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 statute on credit card surcharges found (related: Wis. Stat. § 422.422, Cash discounts, 2005 Wis. Act 84). Source read: docs.legis.wisconsin.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.