What states is it illegal to pass on credit card fees?

Asked by: Ruby Weissnat Jr.  |  Last update: March 11, 2026
Score: 5/5 (64 votes)

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.

In what states is it illegal to charge extra for a credit card?

As of January 2023, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

Are convenience fees legal in all 50 states?

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 I pass on credit card fees to customers?

Credit card surcharges allow merchants to pass on processing fees to customers who pay with credit cards. These surcharges are legal in most US states, although some states still have restrictions or outright bans.

Is it legal to charge a 3% credit card fee in California?

Section 1748.1 - Surcharge for use of credit card in lieu of payment by cash or check; discounts for payment by cash or check (a) No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar ...

Is it Illegal to Pass on Credit Card Processing Fees to the Consumer?

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What states don't allow credit card surcharges in 2024?

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.

What is the new hidden fee law in California?

On July 1, 2024, California banned hidden fees and deceptive “drip pricing” practices. The law applies to businesses selling or leasing goods and services for personal use in California, as well as resellers of goods and services like event tickets and online platforms.

What are the new credit card laws for 2024?

Consumer Financial Protection Bureau Releases Final Rule on Credit Card Late Fees, with Overdraft Fees on Deck. On March 5, 2024, the Consumer Financial Protection Bureau (Bureau) announced the final rule governing late fees for consumer credit card payments, likely cutting the average fee from $32 to just $8.

Why are restaurants charging credit card fees?

Any time we buy something these days, it seems like there's a hidden fee added to the bill. At restaurants, it might help cover a credit card company's processing fee or employee pay and benefits.

Can you pass on fees to customers with Square?

With Square's automatic card surcharge beta, you can pass on processing fees associated with card payments.

What states are surcharge restricted?

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. Q.

How to avoid credit 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.

Is there a way to not pay the convenience fee?

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.

Is piggybacking on credit cards legal?

While there are no laws against paying for authorized-user privileges, lenders could consider it fraud if you apply for and accept credit on the basis of an artificially inflated credit score.

What is the difference between a credit card surcharge and a convenience fee?

A surcharge is an additional fee that a merchant adds to the cost of goods or services to offset processing costs. A convenience fee is an additional fee charged for the use of certain payment methods, such as online or phone payments.

Why are credit card companies allowed to charge so much?

In addition to generating revenue for the card network, the purpose of credit card transaction fees is to cover operational costs and risk management. In some cases, fees may also go towards administering the value-added perks offered to cardholders, such as rewards programs and cash advances.

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.

Why are restaurants charging a service fee now?

Some say they see massive earnings with tips, but others dislike the uncertainty of their paychecks. Coming out of the pandemic, many restaurants switched to charging a service fee to compensate staff instead of relying on the tip credit.

Can a restaurant charge the server for credit card fees?

California: Prohibited. According to California state law, employers must give employees the entire tip from the customer. Employers are responsible for paying the entirety of the credit card processing fee.

What is the 7 year rule on credit cards?

7-year credit rule and your credit score

Under the Fair Credit Reporting Act, in most cases, debts can only appear on your credit report for seven years. After that period is up, the debt can no longer be reported. Also, if you've had a delinquent account on your credit report, creditors can hold the debt against you.

What is the 524 credit card rule?

What is the 5/24 rule? Many card issuers have criteria for who can qualify for new accounts, but Chase is perhaps the most strict. Chase's 5/24 rule means that you can't be approved for most Chase cards if you've opened five or more personal credit cards (from any card issuer) within the past 24 months.

What is the golden rule of credit cards?

The golden rule of Credit Cards is simple: pay your full balance on time, every time. This Credit Card payment rule helps you avoid interest charges, late fees, and potential damage to your credit score.

What is the 50% law in California?

The “Fifty Percent Law” (50% Law), as defined in Education Code Section 84362 and California Code of Regulations Section 59200 et seq., requires each district to spend at least half of its current expense of education each fiscal year for salaries and benefits of classroom instructors.

What is the junk fee amendment?

The FTC's Junk Fees Rule requires any business (collectively, a covered business) that sells live-event tickets or short-term lodging (e.g., hotels, vacation homes, and other short-term rentals) to disclose clearly and conspicuously all mandatory fees associated with any good or service offered.

What is the 22 law in California?

State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally classify their drivers as independent contractors, rather than employees.