Cash discount and surcharge laws by state.

Short answer: A cash discount with both prices posted on the tag isn’t a surcharge under card network rules, and federal law protects discounts for cash. Credit card surcharges are banned in 6 places (California, Connecticut, Maine, Massachusetts, Puerto Rico and Texas), limited in 8, and have no specific state law in 38. Debit cards can never be surcharged.

By the Paymantis team · Reviewed November 12, 2026 · 4 sources

Find your state.

State

Checked 2026-11-12. Laws change; follow the source link for your state and check with your own adviser.

At a glance.

Banned 6: California, Connecticut, Maine, Massachusetts, Puerto Rico and Texas
Limited 8: Colorado, Florida, Kansas, Louisiana, Minnesota, New Jersey, New York and Oklahoma
No state law 38 others. Card network rules still apply.

State	Surcharges	Cap
Alabama	No state law	Card network rules only
Alaska	No state law	Card network rules only
Arizona	No state law	Card network rules only
Arkansas	No state law	Card network rules only
California	Banned	Not allowed
Colorado	Limited	2% of the total cost, or the merchant discount fee for the transaction (statute gives both methods)
Connecticut	Banned	Not allowed
Delaware	No state law	Card network rules only
District of Columbia	No state law	Card network rules only
Florida	Limited	No state cap
Georgia	No state law	Card network rules only
Hawaii	No state law	Card network rules only
Idaho	No state law	Card network rules only
Illinois	No state law	Card network rules only
Indiana	No state law	Card network rules only
Iowa	No state law	Card network rules only
Kansas	Limited	No state cap
Kentucky	No state law	Card network rules only
Louisiana	Limited	No state cap
Maine	Banned	Not allowed
Maryland	No state law	Card network rules only
Massachusetts	Banned	Not allowed
Michigan	No state law	Card network rules only
Minnesota	Limited	5% of the purchase price (network caps are lower)
Mississippi	No state law	Card network rules only
Missouri	No state law	Card network rules only
Montana	No state law	Card network rules only
Nebraska	No state law	Card network rules only
Nevada	No state law	Card network rules only
New Hampshire	No state law	Card network rules only
New Jersey	Limited	Not more than the seller's actual cost to process the credit card payment
New Mexico	No state law	Card network rules only
New York	Limited	Not more than the amount the credit card company charges the business
North Carolina	No state law	Card network rules only
North Dakota	No state law	Card network rules only
Ohio	No state law	Card network rules only
Oklahoma	Limited	Lesser of 2% of the total transaction or the seller's actual processing cost
Oregon	No state law	Card network rules only
Pennsylvania	No state law	Card network rules only
Puerto Rico	Banned	Not allowed
Rhode Island	No state law	Card network rules only
South Carolina	No state law	Card network rules only
South Dakota	No state law	Card network rules only
Tennessee	No state law	Card network rules only
Texas	Banned	Not allowed
Utah	No state law	Card network rules only
Vermont	No state law	Card network rules only
Virginia	No state law	Card network rules only
Washington	No state law	Card network rules only
West Virginia	No state law	Card network rules only
Wisconsin	No state law	Card network rules only
Wyoming	No state law	Card network rules only

State by state.

Alabama

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Alaska

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Arizona

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Arkansas

No state surcharge law

Surcharges: No state surcharge statute found. The Attorney General's consumer article says surcharges should be disclosed before the sale (per NFIB).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

California

Surcharges banned

Surcharges: Civil Code 1748.1 bars retailers from adding a surcharge for credit card use. In Italian Colors v. Becerra (9th Cir. 2018) it was held unenforceable against merchants like the plaintiffs; the Attorney General says it will apply that ruling to similarly situated merchants. Since 1 July 2024 (SB 478) advertised prices must include mandatory fees; the AG says a card fee is not mandatory if the customer can pay another way, but is if the business takes only cards. Restaurants have a separate exemption (SB 1524) if fees are shown wherever prices appear.
Cap: Not applicable: the statute bars surcharges.
Debit cards: The statute allows discounts for paying by cash, check or other means. Network rules bar debit surcharges.
Cash discount with both prices: Discounts for cash or other means are allowed if offered to all buyers (1748.1). The AG warns merchants not to advertise a lower price than they charge or hide differences between cash, credit and debit prices.
Law: Cal. Civ. Code 1748.1; Cal. Civ. Code 1770(a)(29) (SB 478) · Source

Conflicting: statute verified (public.law copy and AG page); its enforceability after Italian Colors is unsettled. Treat as a ban for marketing.

Colorado

Surcharges limited

Surcharges: Statutory sign wording must be posted; the surcharge must be a separate line on the receipt; one surcharge per transaction. From 1 Jan 2026 HB25-1090 (C.R.S. 6-1-737) requires total-price advertising of fees that are not reasonably avoidable.
Cap: 2% of the total cost, or the merchant discount fee for the transaction (statute gives both methods).
Debit cards: Banned on debit cards (PIN or not), cash, checks and gift cards (5-2-212(1)(f)).
Cash discount with both prices: A discount to induce cash or check payment is allowed if offered to all buyers and clearly disclosed (5-2-212(2)).
Law: C.R.S. 5-2-212; C.R.S. 6-1-737 · Source

Verified on statute text (public.law copy of C.R.S.); HB25-1090 effect on card fees not tested.

Connecticut

Surcharges banned

Surcharges: 'No person may impose a surcharge on any transaction' (as amended by Public Act 24-142, sec. 28). The Department of Consumer Protection says a receipt line such as 'non-cash adjustment', 'transaction fee' or 'processing fee' is a surcharge.
Cap: Not applicable: no surcharge on any transaction.
Debit cards: Covered by the general ban. Discounts for paying by debit card are allowed.
Cash discount with both prices: Allowed. DCP: show both cash and credit prices wherever prices are listed, or post signs stating the cash discount; online, show it in every price section and at checkout. The statute requires a posted notice of any discount.
Law: Conn. Gen. Stat. 42-133ff (as amended by P.A. 24-142) · Source

Verified on primary agency source (CT DCP) and statute text via FindLaw; the legislature's own site was unreachable from here.

Delaware

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

District of Columbia

No state surcharge law

Surcharges: No surcharge law found. The Fair Swipe Act (B26-0138) is about interchange on tax and tips, not surcharges, and had not passed per secondary trackers.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Florida

Surcharges limited

Surcharges: The ban in 501.0117 is still on the books but was held unconstitutional (Dana's Railroad Supply v. Attorney General, 11th Cir. 2015); the Attorney General says merchants may surcharge if it is disclosed before purchase. Restaurants: since 1 July 2026 (SB 606, ch. 2025-113) a credit card surcharge is an 'operations charge' and must be shown with amount and purpose on every menu, ordering site or app, in at least menu-description font size, on the bill, and as a separate line on the receipt.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: Fla. Stat. 501.0117 (unenforceable); Fla. Stat. 509.214 · Source

Verified on primary sources (509.214 statute text; Florida AG consumer page).

Georgia

No state surcharge law

Surcharges: No general retail surcharge statute. O.C.G.A. 13-1-15 lets lenders and merchants charge a convenience fee up to actual cost for electronic payment, with a no-fee cash/check option and prior disclosure, but subsection (e) limits it to certain loans, installment and finance contracts.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: O.C.G.A. 13-1-15 (limited scope) · Source

Statute text read via FindLaw (secondary host). Industry lists that call Georgia a 'cost' state appear to misread 13-1-15's scope; confirm with counsel.

Hawaii

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Idaho

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Illinois

No state surcharge law

Surcharges: No surcharge statute. The '1% cap' in some guides comes from HB 3128 (2021), which died. The Interchange Fee Prohibition Act is about interchange on tax and tips, not surcharges; it is partly enjoined and reported delayed to 1 July 2027.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only (bill history and industry guides).

Indiana

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Iowa

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Kansas

Surcharges limited

Surcharges: Since 1 Jan 2025 a credit card surcharge is allowed only if its amount is disclosed by clear and conspicuous notice at the point of entry or point of sale, before the transaction. The old ban was held unconstitutional in 2021.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: Statute speaks only of credit cards. Network rules bar debit surcharges.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: K.S.A. 16a-2-403 (L. 2024, ch. 6, sec. 51) · Source

Verified on primary source (Kansas Revisor of Statutes).

Kentucky

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Louisiana

Surcharges limited

Surcharges: Credit card surcharges: no state statute. Since 1 Aug 2026 retail businesses may not surcharge debit cards. Attorney General enforcement; civil penalty up to $500 per violation of an order; private right of action after a 30-day cure notice.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: Banned: no 'additional amount of money imposed at the time of the transaction' for using a debit card (R.S. 51:3081).
Cash discount with both prices: Not addressed in the Act. A true cash discount from a posted card price is not 'imposed at the time of the transaction', but a debit fee renamed 'cash discount' would still be a debit surcharge.
Law: La. R.S. 51:3081-3082 (Act 751 of 2026, SB 254) · Source

Verified on primary source (enrolled Act 751, Louisiana Legislature).

Maine

Surcharges banned

Surcharges: A seller may not impose a surcharge on a cardholder who uses a credit or debit card. A surcharge is any increase of the regular price not imposed on cash or check payers.
Cap: Not applicable (governmental entities excepted, up to cost).
Debit cards: Banned (statute covers credit and debit).
Cash discount with both prices: 'A discount or reduction from the regular price is not a surcharge.' Safest form: the posted regular price is the card price.
Law: 9-A M.R.S. 8-509 · Source

Verified on primary source (Maine Legislature).

Maryland

No state surcharge law

Surcharges: No surcharge statute. Commercial Law 12-509 lets a seller offer a cash discount despite any card-issuer agreement. NFIB's statement of a 4% state cap is not in 12-509.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: Cash discounts protected by statute (Md. Com. Law 12-509).
Law: Md. Code, Com. Law 12-509 (cash discount only) · Source

Cash discount statute verified on primary source; absence of a surcharge law is secondary.

Massachusetts

Surcharges banned

Surcharges: 'No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card.' Bill S.2819 (cost cap instead of ban) was last in Senate Rules on 7 Jan 2026; no enactment found. Since 2 Sept 2025 the Attorney General's fee rules (940 CMR 38.00) require total-price disclosure.
Cap: Not applicable.
Debit cards: Statute addresses credit cards. Network rules bar debit surcharges.
Cash discount with both prices: Cash discounts allowed if offered to all buyers and clearly and conspicuously disclosed (28A(b)).
Law: M.G.L. c. 140D, 28A; 940 CMR 38.00 · Source

Verified on primary source (Massachusetts Legislature statute and bill history).

Michigan

No state surcharge law

Surcharges: No surcharge law, per the Attorney General's consumer alert, which restates network rules (cost cap, no debit). NFIB reports a separate gas-station posting rule (not checked).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Verified on primary agency source (Michigan AG alert says Michigan has no such law).

Minnesota

Surcharges limited

Surcharges: In person: tell the customer orally at the sale and post a conspicuous sign. Online: notice during the sale, on the order summary or checkout page. Phone: oral notice. No surcharge on the seller's own store card. Price transparency law (325D.44): the AG says an avoidable card surcharge need not be in the advertised price, but must be if the business takes only cards.
Cap: 5% of the purchase price (network caps are lower).
Debit cards: Statute covers 'credit or charge card' only. Network rules bar debit surcharges.
Cash discount with both prices: A discount offered to all customers and clearly and conspicuously disclosed is not a surcharge (325G.051 subd. 1).
Law: Minn. Stat. 325G.051; Minn. Stat. 325D.44 · Source

Verified on primary source (Minnesota Revisor; AG price transparency FAQ).

Mississippi

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Missouri

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Montana

No state surcharge law

Surcharges: No surcharge statute. Guides citing a 3% Montana cap point to a 2021 bill that did not pass (per NFIB).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Nebraska

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Nevada

No state surcharge law

Surcharges: No surcharge statute. The Attorney General (2020) says surcharges are legal if posted at entry and point of sale, itemized on the receipt and not above the merchant's cost; ask for documentation above 1.5% (guidance, not a cap).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: Card issuers may not bar cash discounts (NRS 97A.210, per NFIB; not checked).
Law: None found · Source

AG guidance verified (official release); no-statute status secondary.

New Hampshire

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

New Jersey

Surcharges limited

Surcharges: Disclose the amount (a percentage is fine) before any charge. Non-restaurants: sign at point of entry and point of sale. Restaurants: sign in the customer service area and on the menu (including menu boards, online and QR menus). Online or kiosk: on the checkout page. Phone: verbal notice. A sign saying only that a surcharge applies is not enough. Bill S595 (2026) would ban surcharges; pending.
Cap: Not more than the seller's actual cost to process the credit card payment. A flat rate is allowed if it does not exceed cost.
Debit cards: The law covers credit cards only; it does not address debit or gift cards. Network rules bar debit surcharges.
Cash discount with both prices: Not addressed. NJ DCA: all fees must be clearly disclosed at or near the point of sale before the transaction.
Law: N.J.S.A. 56:8-156.1 and 56:8-156.2 (P.L. 2023, c.146) · Source

Verified on primary sources (enacted law on NJ Legislature site; DCA FAQ revised 6 Mar 2026).

New Mexico

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

New York

Surcharges limited

Surcharges: Since 11 Feb 2024 a seller that surcharges must clearly and conspicuously post the total credit card price (excluding tax); the final charge may not exceed the posted price. The Department of State says a wall or register sign, a '+4% fee' tag, or receipt lines such as 'non-cash adjustment' or 'processing fee' without a posted total are illegal. Civil penalty up to $500 per violation.
Cap: Not more than the amount the credit card company charges the business.
Debit cards: Statute covers credit cards only. Network rules bar debit surcharges.
Cash discount with both prices: Expressly allowed: 'two-tier pricing' (tagging or posting two prices). DOS: show both the credit card and cash price, or list the higher card price and advertise a cash discount. Illegal: advertising that prices include a cash discount that does not apply to card sales.
Law: N.Y. Gen. Bus. Law 518 · Source

Verified on primary sources (GBL 518 text via NY Senate; NY Department of State guide).

North Carolina

No state surcharge law

Surcharges: No surcharge statute found. HB 13 (2025) was reported pending; enactment not confirmed.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

North Dakota

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Ohio

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Oklahoma

Surcharges limited

Surcharges: Since 1 Nov 2025 (SB 677 repealed the old ban). Post the amount at the point of entry and point of sale in person; on the home page and point-of-sale web page online; say it on the phone. A customer is not choosing a card if the seller accepts only credit cards. Visa's Feb 2024 Q&A still lists Oklahoma as prohibiting; that is out of date.
Cap: Lesser of 2% of the total transaction or the seller's actual processing cost.
Debit cards: A surcharge is defined for credit card transactions only. Network rules bar debit surcharges.
Cash discount with both prices: Discounts to induce cash, check or debit payment are not a credit service charge if offered to all buyers; 'There shall be no limit on the discount' (14A O.S. 2-211(A)).
Law: 14A O.S. 2-211 (as amended by SB 677, 2025) · Source

Verified on primary source (enrolled SB 677, Oklahoma Legislature).

Oregon

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Pennsylvania

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Puerto Rico

Surcharges banned

Surcharges: No merchant may impose a surcharge on a consumer who pays with any valid means of payment, including a credit or debit card. 'Surcharge' means any increase over the regular price of a good or service imposed for paying by credit card. Fine up to $500 or up to six months in jail, or both.
Cap: Not applicable.
Debit cards: Banned (credit and debit).
Cash discount with both prices: Not addressed. Risk: if the cash price is treated as the 'regular price', a higher card price could be read as a surcharge. Post the card price as the regular price and offer cash as a discount; get local counsel.
Law: Ley 150-2008, as amended by Ley 152-2013 (10 L.P.R.A. 11-14) · Source

Verified on primary source (PR Office of Management and Budget compilation); cash discount treatment unverified.

Rhode Island

No state surcharge law

Surcharges: No surcharge statute. Guides citing Rhode Island rules point to 2021 bill S.0925, which did not pass (per NFIB).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

South Carolina

No state surcharge law

Surcharges: No surcharge statute. A Department of Revenue ruling (22-10) discusses 'non-cash adjustment fees' for sales tax (per NFIB; not checked).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

South Dakota

No state surcharge law

Surcharges: No surcharge statute. The Attorney General's consumer page restates network rules: credit only, up to the merchant's cost, posted at entry and point of sale or on the home page, amount on the receipt.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

AG guidance verified (official page via search excerpt); no-statute status secondary.

Tennessee

No state surcharge law

Surcharges: No surcharge statute. A 2021 Attorney General notice says merchants must not advertise a lower price than they charge and must disclose the full price before the sale (per NFIB; not checked).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Texas

Surcharges banned

Surcharges: Statute bars a seller from imposing a surcharge for credit card use. Rowell v. Paxton (W.D. Tex. 2018) held it unconstitutional as applied to the plaintiff merchants and enjoined enforcement against them. The Attorney General (KP-0257, 2019) says it remains enforceable in some contexts, for example surcharges above the cost of acceptance.
Cap: Not applicable on paper; see conditions.
Debit cards: Banned: a merchant may not surcharge a debit or stored value card (Bus. & Com. Code 604A.002). Not challenged in Rowell.
Cash discount with both prices: Not addressed in the statute; Rowell turned on how a price difference is described, which favours a posted card price with a cash discount.
Law: Tex. Bus. & Com. Code 604A.0021 (credit); 604A.002 (debit) · Source

Conflicting: statute text verified (public.law copy citing statutes.capitol.texas.gov); enforceability split between Rowell and AG opinion KP-0257.

Utah

No state surcharge law

Surcharges: No surcharge statute (a 2013 ban expired in 2014). Division of Consumer Protection guidance: tell the customer about the surcharge and its exact amount before purchase (a receipt line is not enough); calling it a 'processing fee' is misleading if it exceeds the actual cost.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only (NFIB and Nickel quoting the Division; the Division page was not fetched).

Vermont

No state surcharge law

Surcharges: No surcharge statute. 9 V.S.A. 2480p bars card issuers from restricting cash discounts and allows a $10 card minimum (per NFIB; not checked).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: Cash discounts protected (9 V.S.A. 2480p, per NFIB).
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Virginia

No state surcharge law

Surcharges: No surcharge statute. Since 1 July 2025 (SB 1212) suppliers must show a total price including mandatory fees or surcharges (Va. Code 59.1-607 to 59.1-610); whether an avoidable card surcharge is 'mandatory' is untested. Offering a discount is not a violation (59.1-609, per secondary sources).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: Va. Code 59.1-607 to 59.1-610 (all-in pricing, not a surcharge law) · Source

Bill located on primary site; reading of its effect on card fees is secondary.

Washington

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

West Virginia

No state surcharge law

Surcharges: No state surcharge statute found.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Wisconsin

No state surcharge law

Surcharges: No surcharge statute. Wis. Stat. 422.422 bars card issuers from restricting cash discounts (per NFIB; not checked).
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: Cash discounts protected (Wis. Stat. 422.422, per NFIB).
Law: None found · Source

Secondary only: no statute found by us, NFIB (2025) or Rundoo (Sept 2026). An absence can't be shown from a primary source.

Wyoming

No state surcharge law

Surcharges: No surcharge statute. Under the state consumer credit code a cash discount of up to 5% offered to all buyers and clearly disclosed is excluded from the 'credit service charge'. Federal law (TILA sec. 171(c)) also keeps cash discounts out of state finance-charge rules.
Cap: No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
Debit cards: No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
Cash discount with both prices: Cash discount up to 5% excluded from credit service charge (Wyo. Stat. 40-14-209(b)(v)); a 3.75% card-cash gap fits under it.
Law: Wyo. Stat. 40-14-209(b)(v) (cash discount only) · Source

Secondary (statute text from search excerpt of Justia 2025 code).

Questions owners ask.

Is a cash discount legal in all 50 states?

A cash discount with both prices posted before payment is treated differently from a surcharge in every state we checked, and federal law protects discounts for cash. Surcharges are banned in 6 places and limited in 8. Puerto Rico’s law is the one to check with local counsel.

Which states ban credit card surcharges?

California, Connecticut, Maine, Massachusetts, Puerto Rico and Texas. California’s and Texas’s bans are partly limited by federal court rulings, so their status is disputed.

Can I add a fee to debit cards in any state?

No. Visa and Mastercard don’t allow surcharges on debit or prepaid cards anywhere, and several states also ban them. With a cash discount, debit pays the posted card price.

Sources

General information, not legal advice. Rules change and differ by state and city; check the rules where your business is. See our terms and disclaimers.

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