Is it legal to charge a service fee for debit cards?

Asked by: Matilde Pfeffer  |  Last update: July 18, 2025
Score: 4.5/5 (37 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.

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.

Are merchants allowed to charge a debit card fee?

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. This restriction was implemented by the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Can convenience fees be charged on debit cards?

Merchants can't impose surcharges on debit cards or prepaid debit transactions per Visa and Mastercard. If merchants add a surcharge, they must decide to add it at the brand or product level — but not both.

How do I avoid debit card surcharges?

Use cash where you can

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

Businesses Are Making Me Pay the Credit Card Fee. Should I Pay Another Way?

24 related questions found

Is it against the law to charge a debit card fee?

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 you pass debit card fees on to customers?

U.S. merchants cannot surcharge debit card or prepaid card purchases.

How much can a business charge for using a debit card?

While large banks that issue debit cards are not allowed to charge more than . 05% + $. 21, credit card rates can range up to over 3.5% per transaction.

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

While convenience fees may vary in amount, they are generally a fixed percentage or a flat fee added to the total cost of the transaction. On the other hand, service fees are charged for specific services rendered by a business or organization.

Is it legal to charge a convenience fee?

Other states, such as California, don't have a blanket ban on surcharge programs but prohibit practices that are “unfair or deceptive.” That's why it's so important to disclose your surcharge program to customers and apply it consistently.

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.

What is the no surcharge rule?

The No-Surcharge Rule (NSR). The NSR means that a merchant charges at most the same amount for a payment card1 transaction as for cash. If the merchant decides to apply a discount for payments in cash that discount cannot be extended to any specific card brand.

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 ...

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 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.

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.

Can you charge a service fee?

Surcharges and convenience fees are legal, but laws and regulations vary by state. In some states, merchants may not be allowed to charge surcharges or convenience fees at all, while in others, they are allowed with certain conditions, such as providing clear disclosure of the fees.

What is a convenience fee for a debit card?

A convenience fee is a fee charged by a seller when a consumer pays with an electronic payment card rather than by a standard form of payment accepted by the business. Standard payments include cash, check, or an Automated Clearing House (ACH) transfer.

What is a card service fee?

A service fee is a type of convenience fee program with a modified set of rules. The program is also restricted to merchants within specific merchant category codes (MCC) under education and government areas. American Express, Visa and Mastercard offer this type of fee program to education and government merchants.

Can you charge a service fee 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.

How to avoid debit card surcharges?

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.

How much money can you charge to a debit card?

Yes, banks have debit card limits for how much you can spend or how much money you can withdraw at an ATM. Daily purchase limits can range from $300 to $10,000. Daily withdrawal limits for debit cards can vary from $200 to $5,000.

What is the regulation for debit card fees?

The Board's Regulation II provides that an issuer subject to the interchange fee standard (a covered issuer) may not receive, for any electronic debit transaction, an interchange fee that exceeds $0.21 plus 0.05 percent multiplied by the value of the transaction, plus a $0.01 fraud-prevention adjustment, if eligible.

What type of fees may be incurred for debit cards?

The 3 types of fees usually charged on every debit card transaction are interchange fees, assessments, and processor's markup fees. Interchange fees are charged by the bank that issued the debit card to the customer. Card companies, like Visa or Mastercard, charge the assessments.

Are convenience fees legal?

Convenience fees are legal in all 50 states but must be clearly communicated at the point of sale. Additionally, a convenience fee can only be imposed if there's another preferred form of payment as an option.