In what states is a debit card surcharge illegal?

Asked by: Dr. Giovanny Langosh  |  Last update: October 8, 2025
Score: 4.6/5 (63 votes)

Surcharging is widely accepted in the US except in Maine, Massachusetts, Connecticut, and Puerto Rico. Illinois, Colorado, Georgia, Kansas, Texas, Nevada, New York, South Dakota, New Jersey, Minnesota, California, Florida, Oklahoma, Michigan, and Montana allow surcharging with certain contingencies.

Is it legal to charge a fee for using a debit card?

No. The ability to surcharge only applies to credit card purchases, and only under certain conditions. U.S. merchants cannot surcharge debit card or prepaid card purchases.

Do you have to pay a surcharge on a debit card?

While card surcharging is legally allowed for both debit cards and credit cards, some businesses have chosen to only apply an additional fee to credit transactions. But both MasterCard and Visa debit cards could still attract this cost if they are processed as “credit” transactions on an EFTPOS machine.

Can companies still charge a debit card?

Businesses cannot impose any surcharge for using the following methods of payment: consumer credit cards, debit cards or charge cards. similar payment methods that are not card-based (for example, mobile phone-based payment methods)

How do I avoid debit card surcharges?

Use cash where you can

The easiest way to avoid card surcharges is to pay by cash.

McCune Law Group Investigates Illegal Credit Card Surcharge Fees Nationwide

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What states do not allow surcharge?

Surcharging is widely accepted in the US except in Maine, Massachusetts, Connecticut, and Puerto Rico. Illinois, Colorado, Georgia, Kansas, Texas, Nevada, New York, South Dakota, New Jersey, Minnesota, California, Florida, Oklahoma, Michigan, and Montana allow surcharging with certain contingencies.

Is surcharging debit cards legal?

The Durbin Amendment was enacted in 2010 to protect consumers from hidden fees. The amendment capped the interchange fees that merchants can charge for debit card transactions. As a result, merchants are not allowed to pass on these fees to consumers in the form of surcharges.

Can restaurants charge a surcharge on debit cards?

Surcharge fees are strictly limited to credit card transactions only. Even if a client wishes to run a signature debit transaction, where a debit card is processed as a credit transaction, you are still not allowed to implement a surcharge. Surcharges are also not applicable to prepaid cards.

What are the new credit card laws for 2024?

Consumer Financial Protection Bureau Releases Final Rule on Credit Card Late Fees, with Overdraft Fees on Deck. On March 5, 2024, the Consumer Financial Protection Bureau (Bureau) announced the final rule governing late fees for consumer credit card payments, likely cutting the average fee from $32 to just $8.

What is the difference between a surcharge and a convenience fee?

A surcharge is not a convenience fee. A convenience fee is levied by a merchant for offering customers the privilege of paying with an alternative non-standard payment method. Merchants can process convenience fees in all 50 states. A surcharge is levied by a merchant for customer purchases made with a credit card.

How do I report a debit card surcharge?

To report merchants charging excessive payment card surcharges, or surcharging debit and prepaid card transactions, consumers may visit www.visa.com or www.mastercard.com to fill out a Merchant Violation Form. Can cardholders be surcharged on both credit and debit card transactions? No.

What happens if you don't pay a surcharge?

The court issues a judgment, which allows the state to collect unpaid surcharges through involuntary means. The judgment amount (surcharge debt) must be paid before personal property can be transferred or sold. Judgments include a collection cost and interest charges calculated on the judgment balance.

Do all banks charge debit card fees?

The AMC will be determined based on the type of ATM card you have. Banks like HDFC Bank, Axis Bank, SBI, and Punjab National Bank typically levy an AMC of Rs.100 to Rs.150 for classic cards. An AMC of Rs.60 is levied in rural and suburban regions by Indian Bank while in metropolitan and urban areas, they charge Rs.120.

Why are businesses charging to use debit cards?

These fees are charged by the bank that issued the debit card. They're meant to cover the costs of processing and handling transactions as well as fraud prevention.

Is there a no surcharge law in Florida?

Florida Statute Section 501.0117 prohibits Florida sellers or lessors from imposing "a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check or similar means." The statute, however, "does not apply to the offering of a discount for the purpose of inducing payment by cash, ...

What is the Durbin Amendment debit card surcharge?

Understanding the Durbin Amendment

The amendment was proposed on the belief that interchange fees were not reasonable and proportional to card issuers' costs. When the bill became law in 2010, it capped interchange fees at 21 cents per transaction plus 0.05% of the transaction amount.

What states are surcharges illegal in?

As of January 2023, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

What is the 7 year rule on credit cards?

7-year credit rule and your credit score

Under the Fair Credit Reporting Act, in most cases, debts can only appear on your credit report for seven years. After that period is up, the debt can no longer be reported. Also, if you've had a delinquent account on your credit report, creditors can hold the debt against you.

What is the 524 credit card rule?

What is the 5/24 rule? Many card issuers have criteria for who can qualify for new accounts, but Chase is perhaps the most strict. Chase's 5/24 rule means that you can't be approved for most Chase cards if you've opened five or more personal credit cards (from any card issuer) within the past 24 months.

How to avoid card surcharge?

The simplest way to avoid card surcharges? Pay cash. While businesses can charge a surcharge for paying with a credit, debit or prepaid card, they can't charge you more than the advertised price if you're paying in cash.

Do merchants have to pay a fee for debit card transactions?

Yes. Debit card processing fees involve interchange fees, which vary by card and bank, and payment processing fees, which vary by provider.

Why are restaurants charging a credit card fee now?

Any time we buy something these days, it seems like there's a hidden fee added to the bill. At restaurants, it might help cover a credit card company's processing fee or employee pay and benefits.

How to avoid convenience fees?

Use a different payment method.

Merchants often charge convenience fees or surcharges when credit cards aren't a standard payment method. If you have a rent, utility or tax bill, consider paying by check or electronic transfer instead.

Is it legal in Texas to charge a debit card fee?

002 of the Business and Commerce Code: "IMPOSITION OF SURCHARGE FOR USE OF DEBIT OR STORED VALUE CARD. (a) In a sale of goods or services, a merchant may not impose a surcharge on a buyer who uses a debit or stored value card instead of cash, a check, credit card, or a similar means of payment."

Can a company charge your debit card?

Businesses cannot impose any surcharge for using the following methods of payment: consumer credit cards, debit cards or charge cards. similar payment methods that are not card-based (for example, mobile phone-based payment methods) electronic payment services (for example, PayPal)