Is It Legal to Charge a Credit Card Fee? Rules by State for 2026 (Including Florida)

In most U.S. states, it is legal to add a fee (a "surcharge") when a customer pays with a credit card — as long as you follow card network rules and your state's laws. You generally cannot add a surcharge to debit or prepaid cards, and a few states restrict credit card surcharges. Dual pricing and cash discounting work differently, because the price difference is posted up front instead of added as a fee.

The rules come from three places — federal law, the card networks, and your state — and they change often. This 2026 guide explains each layer in plain English so you know what questions to ask before you charge anything. It's general information, not legal advice: always check your current state rules and talk to a qualified attorney if you're unsure.

First: the four ways businesses pass on card costs

People use these terms loosely, but they mean different things — and the rules are different for each.

For a deeper comparison, see Cash Discount vs. Dual Pricing vs. Surcharging.

Layer one: federal law

There is no federal law that bans adding a fee to credit card purchases. Since a 2013 legal settlement with the major card networks, U.S. merchants have generally been allowed to surcharge credit cards. Federal law has also long protected a business's right to offer a discount for paying cash.

Debit and prepaid cards are different. Card network rules don't allow surcharges on them — and that applies even when a customer chooses "credit" on the terminal with a debit card. The rule follows the card, not the button the customer presses. That means your terminal has to be able to tell the difference automatically.

Layer two: card network rules for credit card surcharges

If you surcharge credit cards, the card networks (like Visa and Mastercard) have their own rules. In general:

• Give notice first. Merchants are typically required to notify their processor (and in some cases the card networks) ahead of time before starting to surcharge.
• Stay under the cap. A surcharge can't be more than what it actually costs you to accept the card, and the networks set a maximum percentage. Visa's current maximum is 3%. Limits can change, so confirm the current numbers with your processor.
• Disclose it. Post signs at the store entrance and at checkout (and on your website or checkout page for online sales).
• Show it on the receipt. The surcharge should be listed as its own line on the receipt.
• Credit only. No surcharges on debit or prepaid cards.

Our guide to what is surcharging covers these card brand rules in more detail.

Breaking these rules usually doesn't mean a lawsuit — it can mean fines passed through by your processor or, in serious cases, losing the ability to accept cards.

Layer three: state laws

Most states allow credit card surcharges with proper disclosure. A handful restrict or limit them. As of this writing, examples include:

• Connecticut, Maine and Massachusetts prohibit credit card surcharges by state law.
• Oklahoma allows credit card surcharges since November 1, 2025, capped at the lesser of 2% or your actual cost to process the card.
• Puerto Rico — Visa lists Puerto Rico among places that prohibit surcharging. Check current law.
• Louisiana — bans surcharges on debit cards by state law since August 1, 2026.
• Colorado — caps surcharges at a lower level than the card networks.
• New York — requires businesses to show the total card price, not just a percentage fee.

Other states have changed or are considering rules on "junk fees" and price display, which can affect how surcharges must be shown. In Florida, the state's old law banning surcharges was struck down by a federal appeals court in 2015. Because state rules change often, always verify your state's current rules before you launch and talk to a qualified attorney if you're unsure.

Can Florida businesses charge a credit card fee?

Florida is a good example of why "is it legal?" has a longer answer than yes or no.

• The statute is still on the books. Florida Statute §501.0117 says a seller may not add a surcharge for using a credit card, and it expressly allows a discount for paying with cash, check or other non-card methods, as long as the discount is offered to all customers.
• But a federal court struck down the surcharge ban. In 2015, the U.S. Court of Appeals for the Eleventh Circuit held the ban unconstitutional (Dana's Railroad Supply v. Attorney General of Florida). Since then, Florida merchants have generally been able to surcharge credit cards.
• Card network rules still apply in Florida. If you surcharge, Visa requires 30 days' notice to your processor, a cap of your cost of acceptance or 3% (whichever is lower), signs at the entrance and the point of sale, a separate line on the receipt, and no surcharge on debit or prepaid cards.
• Cash discounts are explicitly allowed by the Florida statute itself.

Many Florida businesses skip the surcharge rules entirely with dual pricing: both prices are posted up front (for example, $10.00 cash and $10.40 card), and the card price applies to all card payments, including debit. See What Is Dual Pricing? or our Miami merchant services guide.

This is general information, not legal advice. Laws change, so confirm current rules with a qualified Florida attorney.

Is dual pricing legal?

Dual pricing is widely used across the U.S. Because both prices are posted up front — rather than a fee being added at checkout — it generally isn't treated the same way as a surcharge. Offering a lower price for cash has long been allowed under federal law.

That said, dual pricing still has to be done correctly to stay within card network rules and your state's pricing and disclosure laws:

• Show both prices clearly before the sale — menus, shelf tags, quotes and online listings.
• Post signs at the entrance and checkout. (See our cash discount and dual pricing signs.)
• Keep the difference between prices reasonable and tied to your real card costs.
• Make sure your terminal and receipts match what you advertise.

Rules can change and some states have specific price-display requirements, so check your current state rules and talk to a qualified attorney if you're unsure. New to the idea? Start with What Is Dual Pricing?

The mistake we see most often

A business hears "surcharging is legal in my state" and adds a flat percentage to every card transaction. The problem: a big share of card payments are debit cards, and those can't be surcharged under card network rules. A compliant setup needs a terminal that automatically tells credit and debit apart — or a program like dual pricing that's built around posted prices instead of added fees. For the full rules on debit, prepaid and HSA/FSA cards, see can you surcharge debit cards?

Before you launch anything: a checklist

1. Confirm your state's current rules on surcharges, cash discounts and price display.
2. Pick one method — surcharge, cash discount or dual pricing — and understand its rules.
3. Check your terminal settings. For surcharging, it must skip debit and prepaid cards automatically.
4. Notify your processor before you start, and ask what notice the card networks require.
5. Post signs at the entrance and checkout (and online).
6. Check your receipts show the fee or the correct price clearly.
7. Train your staff on a simple, friendly explanation.
8. Know your real costs. Your processing statement shows what cards actually cost you.

Want a second set of eyes on your setup?

Pine Payments can review how you're handling card fees today, explain the options — including our dual pricing program and cash discount program — and help with signs, terminal setup and keeping up with compliance. For legal questions about your specific situation, we always recommend a qualified attorney.

See whether dual pricing fits your business →

Frequently asked questions

Is it legal to charge customers a credit card fee?

In most U.S. states, yes — if you follow card network rules (notice, caps, signs and receipts) and your state's laws. A few states restrict or prohibit credit card surcharges, so check your current state rules.

Can I charge a fee on debit cards?

No. Card network rules don't allow surcharges on debit or prepaid cards, even if the customer selects "credit" on the terminal.

Can Florida businesses charge a credit card fee?

Florida is a good example of why "is it legal?" has a longer answer than yes or no.

• The statute is still on the books. Florida Statute §501.0117 says a seller may not add a surcharge for using a credit card, and it expressly allows a discount for paying with cash, check or other non-card methods, as long as the discount is offered to all customers.
• But a federal court struck down the surcharge ban. In 2015, the U.S. Court of Appeals for the Eleventh Circuit held the ban unconstitutional (Dana's Railroad Supply v. Attorney General of Florida). Since then, Florida merchants have generally been able to surcharge credit cards.
• Card network rules still apply in Florida. If you surcharge, Visa requires 30 days' notice to your processor, a cap of your cost of acceptance or 3% (whichever is lower), signs at the entrance and the point of sale, a separate line on the receipt, and no surcharge on debit or prepaid cards.
• Cash discounts are explicitly allowed by the Florida statute itself.

Many Florida businesses skip the surcharge rules entirely with dual pricing: both prices are posted up front (for example, $10.00 cash and $10.40 card), and the card price applies to all card payments, including debit. See What Is Dual Pricing? or our Miami merchant services guide.

This is general information, not legal advice. Laws change, so confirm current rules with a qualified Florida attorney.

Is dual pricing legal?

Dual pricing is widely used in the U.S., and offering a lower cash price has long been allowed under federal law. It still has to follow card network rules and your state's price-display laws, so check your current state rules and talk to a qualified attorney if you're unsure.

How much can I surcharge a credit card?

No more than what accepting the card actually costs you, and no more than the card networks' maximum (Visa's is currently 3%). Some states set lower limits. Confirm current limits with your processor.

Which states don't allow credit card surcharges?

As of our October 2026 review, Connecticut, Maine and Massachusetts prohibit credit card surcharges by state law, Visa lists Puerto Rico as prohibiting them, and Louisiana bans surcharges on debit cards. Texas and California have older bans that courts have limited. Several other states add caps or disclosure rules. See the state-by-state table on this page, and verify current state rules before you launch.

Do surcharge laws change often?

Yes. Several states changed their rules in 2025 and 2026, and more bills are pending. Card network rules can change too. Verify your state's current rules and talk to a qualified attorney before you add a fee.

Can I charge a credit card fee in Florida?

Generally yes. Florida's statutory ban on credit card surcharges (§501.0117) was held unconstitutional by the Eleventh Circuit in 2015, but card network rules still apply: notice, a cap, disclosures, and no fees on debit. Confirm with a Florida attorney.

How much notice do I have to give before surcharging?

Visa requires merchants to notify their acquirer (processor) at least 30 days before they start surcharging.

Is a cash discount legal in Florida?

Yes. Florida's statute expressly allows a discount for paying with cash, check or other non-card methods when it's offered to all customers.

What's the alternative to a surcharge?

Dual pricing: post a cash price and a card price (for example, $10.00 and $10.40). The card price applies to every card, including debit, and the cash price is for cash only. Pine Payments sets this up with built-in dual pricing on Clover, with no setup fees or contracts, and we'll walk you through setup.

Keep reading

• What Is Dual Pricing? A Plain-English Guide
• Cash Discount Program vs. Dual Pricing vs. Surcharging
• How to Read Your Credit Card Processing Statement
• The Visa-Mastercard Settlement: What Small Merchants Can Do Now
• Surcharging vs. Dual Pricing After the Settlement