Is it legal to charge 3% for use of credit card?

Asked by: Heath Grady  |  Last update: October 6, 2026
Score: 4.9/5 (3 votes)

Yes, it is generally legal for businesses in most U.S. states to charge a credit card surcharge of 3%, as it often aligns with their actual processing costs and falls under the typical 4% maximum cap set by card networks. However, this is strictly for credit cards only, and not debit or prepaid cards.

Is it legal to charge 3 for use of credit card?

Nationwide, the surcharge rate for credit card transactions cannot exceed 4% of the total transaction (3% for Visa cards). Businesses must inform customers about the surcharge both online and in-store before payment. The surcharge must only cover processing costs and cannot be a profit-making tool.

Is a 3% credit card fee normal?

Convenience fees usually range between two and three percent of the purchase price. Both of these fees are meant to help a business make up for any processing fees it may have to pay when you make a payment. For this reason, fees should not exceed the processing fee amount.

Is it illegal to charge a 3 percent surcharge to a customer?

In general, a surcharge cannot exceed 3% in the U.S. However, there are exceptions in some states to consider before implementing a surcharge fee. For example, in Colorado, merchants may either: Surcharge a maximum of 2%, or. Charge the actual cost the company pays for credit processing.

In what states is it illegal to surcharge credit cards?

Eleven states—California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas—and Puerto Rico have laws that prohibit merchants from charging consumers with surcharges on credit card transactions.

Fact Finders: Which fees and surcharges are legal when it comes to credit and debit cards?

25 related questions found

What is the 2/3/4 rule for credit cards?

The 2/3/4 rule is a guideline, primarily used by Bank of America, that limits how many new credit cards you can get: no more than 2 in 30 days, 3 in 12 months, and 4 in 24 months, helping to prevent over-application and manage hard inquiries on your credit report. While not universal, it's a useful benchmark for responsible card application, though other banks have different rules (like Chase's 5/24 rule). 

How to avoid paying card surcharge?

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 credit card act law?

What does the CARD Act regulate? The CARD Act establishes regulations covering credit card interest rate changes, penalty fees, payment allocation rules, and billing cycle timing. The law mandates specific disclosures about card terms, rate changes, and the consequences of making only minimum payments.

How to avoid convenience fee for credit card?

If you come across such merchants, you can opt to pay through a debit card or cash and avoid hefty surcharges to stay profitable. If you are planning to use your credit card to purchase something in places such as auto shops, drug stores, retail shops, etc., always ask if they offer cash discounts.

What is a 3% merchant fee?

This fee is deducted from the total amount of the sale before the funds are deposited into the merchant's account. For instance, if a customer makes a $100 purchase and the processing fee is 3%, the merchant will receive $97, with $3 going towards covering the fee.

How can I get customers to pay my credit card fees?

The most common fees for accepting credit card payments are transaction fees, which are usually a percentage of the payment plus a fixed amount per transaction. You can pass on credit card processing fees to clients by adding a small percentage or flat fee to the invoice to cover those costs.

Is it illegal to charge a minimum for credit card purchases?

It is legal to set a minimum purchase amount on credit card transactions, but it's not legal to charge just any amount.

What is the maximum amount you can charge on a credit card called?

A credit limit is the amount of credit a lender grants on a credit card or other type of credit account. Lenders determine credit limits by examining credit history and financial information. You can typically only spend up to your credit limit until you repay some or all of your balance.

What states are surcharges prohibited in?

Not all merchants impose a surcharge, and some states (e.g., Colorado, Connecticut, Florida, Maine, Massachusetts, New York, Oklahoma, Texas, and Utah) prohibit merchant surcharges.

Should I complain about a surcharge?

If you believe a merchant has charged an illegal surcharge, you can report the business to your state attorney general's office and the district attorney in the county where the business operates. Businesses may be fined for violating laws prohibiting surcharges.

Why are businesses suddenly charging credit card fees?

Businesses are charging credit card fees (surcharges) primarily to offset the rising costs of processing card payments, which include fees from card networks (Visa, Mastercard) and banks, allowing them to protect thin profit margins, offer lower prices for cash/debit users, and stay competitive without raising prices for everyone. These fees have increased as more consumers use credit cards, making these processing costs a significant business expense, sometimes even third behind payroll and rent, pushing merchants to pass these costs directly to card-using customers. 

In what states is it illegal to pass the credit card fee to the customer?

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.

What is the 15 3 credit card trick?

What Is the 15/3 Rule?

  • Make a credit card payment 15 days before the bill's due date. You might be told to make your minimum payment, or pay down at least half your bill, early.
  • Make another payment three days before the due date.

What happens if I use 90% of my credit card?

Using 90% of your credit card significantly increases your credit utilization ratio, which can severely damage your credit score, signaling to lenders you might be a higher risk, potentially dropping your score by 50 points or more, and making it harder to get new credit or good interest rates. While paying it off quickly helps, experts recommend keeping utilization below 30% (ideally single digits) for a healthy score, as lenders see low usage as responsible borrowing.