In the United States, merchants are generally prohibited from adding a surcharge (an extra fee) when a customer uses a debit card, regardless of whether it is run as credit or PIN-debit. While merchants pay processing fees to their bank (averaging about 34-44 cents), they cannot legally pass this fee directly to the consumer as a surcharge.
Yes, it is generally illegal for U.S. merchants to charge an extra fee (surcharge) on debit card purchases, with major card networks prohibiting it, reinforced by federal law (Durbin Amendment) and various state laws, though some states have specific bans or restrictions, making it a complex area where merchants often illegally pass on costs as surcharges or convenience fees.
Most debit cards have a fixed transaction fee of around $0.07 that is charged to merchants. Most credit cards have a percentage fee of 2.3% plus a $0.10 transaction fee.
1. Surcharge prohibited. A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means.
Yes, charging a 3% credit card fee (surcharge) is generally legal in most U.S. states and follows card network rules (like Visa's 3% cap), but it depends heavily on your location and requires strict adherence to rules, such as not surcharging debit cards, capping it at your actual processing cost (not to exceed 3% for Visa/4% for Mastercard), and providing clear customer notification. Some states (like Connecticut, Massachusetts, Texas) may have their own bans or restrictions, so it's crucial to check your specific state laws.
State-by-State Legality
As of June 2025 surcharges are prohibited or restricted in the following: California. Connecticut. Maine.
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.
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.
A convenience fee is charged by businesses when payments are made using electronic payment cards rather than traditional methods like cash, checks, or ACH transfers. This fee helps cover costs imposed by payment processing, commonly applied to transactions like taxes, college tuition, and mortgage payments.
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.
How to avoid it. You can avoid account inactivity fees by making small monthly purchases with your debit card. Setting up a direct deposit or transfer can also help you avoid the fee.
Credit card processing fees for payments made in person are typically between 0.7% and 3.4% of the total transaction amount and 0.4% – 1.7% for debit cards. Transaction fees for online or phone payments will be slightly higher due to the increased risk of fraud.
The short answer is no, it's not legal to surcharge debit card transactions. Debit card surcharge refers to adding an extra fee to a customer's bill when they opt to pay with a debit card. The idea is like credit card surcharges (shifting the cost of the processing fees to the customer).
Yes, it is generally illegal for U.S. merchants to charge an extra fee (surcharge) on debit card purchases, with major card networks prohibiting it, reinforced by federal law (Durbin Amendment) and various state laws, though some states have specific bans or restrictions, making it a complex area where merchants often illegally pass on costs as surcharges or convenience fees.
The 2-2-2 credit rule is a guideline for building strong credit, suggesting you should have two active credit accounts (like cards or loans) for at least two years, with consistent on-time payments for those two years, often with a minimum credit limit of $2,000 per account, to demonstrate financial responsibility to lenders, especially for mortgages. It's a benchmark to show you can handle credit well over time, reducing lender risk and improving approval odds for major loans.
Gas stations, bars, restaurants and online shopping are the riskiest places to use debit cards due to skimming vulnerability. Contactless payments and credit cards offer better security than traditional debit cards. Monitor your checking account daily and report suspicious activity immediately to minimize fraud losses.
Debit cards allow you to have the convenience of plastic without the risk of going into debt. Since you are using money from your checking account, you can only spend what you have available, making it a great budgeting tool. Additionally, debit cards offer some level of protection against fraud and theft.
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).