Is it illegal to charge a processing fee on a debit card?

Asked by: Mr. Jasper Conn III  |  Last update: June 17, 2025
Score: 4.9/5 (41 votes)

No, surcharging for debit card transactions is prohibited under the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This applies to all types of debit cards, including prepaid cards.

Can debit cards be charged a processing fee?

Yes. Debit card processing fees involve interchange fees, which vary by card and bank, and payment processing fees, which vary by provider. Can a business charge a debit card fee? Many state laws allow for a business to charge a consumer an additional fee, called a surcharge, to pay by credit card.

Is it legal to charge a service charge on a debit card?

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.

Are card processing fees legal?

There is no prohibition for credit card surcharges and no statute on discounts for different payment methods. Merchants can impose a surcharge as long as it doesn't exceed the cost of the merchant's processing fee. Merchants may offer discounts for payment by cash, check or other methods unrelated to credit cards.

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.

Merchant Surcharge Fee - Can You Charge A Convenience Fee on Credit Card Purchases

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In what states is a debit card surcharge illegal?

What laws exist that may relate to surcharging? Currently, 10 U.S. states have surcharging restrictions including California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Please consult with legal counsel to determine whether your practices comply with relevant state law.

How do I fight a charge on my debit card?

If you're confident the transaction you're dealing with isn't fraudulent, you should still contact your bank right away. Let them know you want to dispute a debit card charge. Depending on where you bank, you may be able to start a dispute online, over the phone, or in writing.

Are businesses allowed to charge debit card fees?

No, surcharging for debit card transactions is prohibited under the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This applies to all types of debit cards, including prepaid cards.

Can I charge a payment processing fee?

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)

How do I get around processing fees?

Cash discounting is a pricing strategy where a business offers a discount to customers who pay with cash, effectively encouraging them to avoid using a credit card. This approach allows merchants to cover their processing fees indirectly, as card transactions remain at full price while cash customers get a lower price.

How to avoid debit card surcharges?

Use cash where you can

The easiest way to avoid card surcharges is to pay by cash. While businesses can charge a surcharge for paying by debit or credit cards, they can't charge a surcharge for paying by cash.

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.

Is it illegal to charge a debit card without authorization?

Penal Code 484g PC makes it a crime to fraudulently use another person's credit or debit card.

Can you charge the customer the processing fee?

If you're wondering if credit card surcharges are legal in your state, the answer is probably yes. The only states that currently prohibit surcharges are Connecticut, Massachusetts, Maine and Oklahoma. A recent ruling limits merchants in Colorado to a maximum surcharge of 2%.

Why am I being charged a processing fee?

Credit card processing fees are the fees a merchant pays for each credit or debit card sale. This fee is predetermined by your merchant services provider and can include fees such as interchange fees, assessment or service fees, chargeback fees, and more.

What is the Durbin Amendment?

A section of the Dodd-Frank Wall Street Reform and Consumer Protection Act known as the Durbin Amendment requires the Board to establish standards for assessing whether the amount of any interchange fee received by a debit card issuer is reasonable and proportional to the cost incurred by the issuer with respect to the ...

Do processing fees apply to debit cards?

Yes, you can expect to pay a fee for all debit transactions. The fees consist of a combination of the interchange and assessment fees that the card issuers and networks charge as well as service fees charged by your payment processor.

How do I get rid of processing fees?

Consider a Surcharge or Cash Discount Program

A cash discount program incentivizes customers to pay with cash, eliminating transaction processing fees. Alternatively, adding a small surcharge to credit card payments can help cover the cost of processing without impacting your margins.

Can you deduct payment processing fees?

These fees are considered to be ordinary and necessary expenses directly associated with the operation of your business. When you accept credit card payments from customers, you can deduct the fees charged by the payment processor or merchant services provider, reducing your taxable income and increasing tax savings.

Can you charge a convenience fee on a debit card?

Is Debit Card Surcharging Legal? For debit cards and prepaid cards, surcharging is prohibited—even when the card is run as a signature-based transaction without the PIN.

Are processing fees legal?

Credit card surcharging

This is meant to cover the cost of the processing fees for the business. This practice is legal in all but four states — Connecticut, Maine, Massachusetts and Oklahoma.

In what states is it illegal to charge credit card fees?

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.

Can I block a charge on my debit card?

Stopping a card payment

You can tell the card issuer by phone, email or letter. Your card issuer has no right to insist that you ask the company taking the payment first. They have to stop the payments if you ask them to. If you ask to stop a payment, the card issuer should investigate each case on its own merit.

Can I dispute a charge on my debit card if I never received it?

Items Never Arrived: If you can prove that the item you ordered was never sent to you, you are entitled to dispute the charge. Service Not Provided: Same as the situation above, if you paid for a service you didn't receive and can prove it with verifiable evidence, you are entitled to dispute the charge.

Can the bank find out who used my debit card?

Can you track someone who used your debit card online? While you can't personally track someone who used your debit card online, banks have systems to trace such activities. If you report the fraud, they can investigate the source and potentially work with law enforcement to find the perpetrator.