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

Asked by: Bert Sawayn II  |  Last update: January 27, 2026
Score: 4.5/5 (7 votes)

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.

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.

Is it illegal to charge a fee for a debit card?

For debit cards and prepaid cards, surcharging is prohibited—even when the card is run as a signature-based transaction without the PIN. This restriction was implemented by the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Do merchants pay a fee to accept debit cards?

Do merchants pay a fee for debit transactions? 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.

In what states are debit card surcharges illegal?

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.

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

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How do I avoid debit card surcharges?

Use cash where you can

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

What is the federal law on debit cards?

Under federal law, you have protections that help limit what you have to pay if your credit, ATM, or debit cards are lost or stolen. If someone uses your ATM or debit card before you report it lost or stolen, what you owe depends on how quickly you report it.

Do debit cards have a fee to use?

Could incur fees: Using a debit card can entail fees, including overdraft fees when you withdraw more than the amount you have in your account, and ATM fees when you use an ATM outside your bank's network.

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.

Are card transaction 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.

Can you pass along credit card fees to customers?

There are a few ways of legally passing on credit card fees to customers. Some are direct, and some are indirect. Adding a surcharge to cover the credit card fee is the more direct method while incentivizing cash payments is indirect.

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.

Are debit card charges mandatory?

No, ATM AMC is not always compulsory, as depneding on the bank policies, some bank does not levy any ATM AMC charges on certain types of ATM cards.

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.

Can you use a debit card for business expenses?

Businesses can find that using debit cards for their expenses offers direct control over cash outflows. Transactions are immediately deducted from the business's bank account, aiding in real-time budget management and reducing the risk of overspending.

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 ...

Are businesses allowed to charge 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.

What states are debit card surcharges illegal?

States Where Credit Card Surcharges Are Illegal
  • Connecticut.
  • Maine.
  • Massachusetts.
  • New York (as currently interpreted)
  • Puerto Rico.

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 merchants pay a fee on debit cards?

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

Is there a downside to using a debit card?

Debit cards come with both benefits and drawbacks. Debit card advantages include flexibility, security, and the ability to use them almost anywhere. Debit cards can help some consumers manage money. Debit card cons include a lack of features, such as cashback rewards and additional protections.

How to report merchant Visa violation?

We recommend that you notify your Visa card issuer using the customer support number appearing on your Visa statement or the back of your Visa card. Your Visa card issuer has access to the appropriate Visa rules and regulations, as well as the Notification of Customer Complaint forms to file complaints.

Can I be charged for using my debit card?

Consumer Ed says:

A merchant may charge a flat fee called a “convenience fee” to buyers who choose to use an electronic payment method (like a credit or debit card), but only if the merchant also provides a direct payment option by check, cash, or money order where no convenience fee is charged.

What are the new debit card rules?

The new regulations cap certain fees and give merchants more control in routing debit card transactions and in steering customers toward the payment methods that merchants prefer. Merchants and the payment card industry took opposing sides in the controversy over fees.

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.