Is a cash discount legal in Kansas?
Short answer: Kansas allows credit card surcharges since 1 January 2025 only if the amount is clearly posted at the point of entry or sale before the purchase. A cash discount with both prices posted before payment is not a surcharge under Visa’s rules, and federal law protects discounts for cash.
Kansas at a glance.
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)
Verified on primary source (Kansas Revisor of Statutes).
What to post on your tags.
- Show the cash price and the card price on every tag, menu or price list, the same size.
- Charge the posted price for how the customer pays. Don’t add a fee, “service charge” or “non-cash adjustment” at the register.
- Put a sign at the door and the counter explaining the two prices.
- Debit pays the posted card price. Never add a fee to debit.
Paymantis sets up cash discount processing for independent shops in Kansas: free sign-up, free monthly service and a free terminal, with tags and signs worded for your state. Get started free.
Questions owners ask.
Can a business in Kansas charge a fee for using a credit card?
Only within limits. No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary). 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.
Can I charge more for debit cards in Kansas?
Not as a fee. Statute speaks only of credit cards. Network rules bar debit surcharges. With a cash discount, debit pays the posted card price.
Is a cash discount legal in Kansas?
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. Post both prices before the customer pays and add nothing at the register.
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.