Surcharges and cash discounts
Can you pass the fee on to customers?
Sometimes, but the rules come from the card networks and your state, and they differ. Read this as a map, not legal advice, and confirm with your processor and a lawyer before you change a menu or a receipt.
What Visa and Mastercard require for a surcharge
- Credit cards only. Neither network allows a surcharge on debit.
- Visa caps it at the lower of your merchant discount rate or 3%.
- Mastercard caps it at 4%, and at no more than your effective rate.
- Visa requires 30 days' notice to your acquirer. Mastercard requires 30 days' notice to Mastercard and your acquirer.
- Visa requires disclosure at the entrance, at the point of sale and on the receipt.
- Mastercard requires the surcharge to be shown on the receipt.
Sources: Visa merchant surcharging Q&A and Mastercard surcharge rules.
State law varies, and it changes
Visa's Q&A, dated February 15, 2024, says it understands that Connecticut, Maine, Massachusetts, Oklahoma and Puerto Rico prohibit surcharges, and that Colorado, Minnesota, New Jersey and New York have requirements. Visa warns that its list may contain errors, so check current law yourself.
- Connecticut: the Department of Consumer Protection says the law prevents fees that raise the total because of the payment method.
- Massachusetts: surcharges are covered by Chapter 140D, Section 28A.
- New York: the state notice says to post the total credit price, keep any surcharge at or below the card cost, and not add a separate line-item processing fee. Two-tier pricing is allowed. Violations can cost up to $500 each.
How a cash discount differs
A cash discount lowers the price instead of raising it. Federal law (15 U.S.C. 1666f) says card issuers cannot prohibit one. Visa says to show either the card price only, or both prices side by side. State rules can still apply, so confirm the wording on your menu before you print it.