Underwriting is nationwide — surcharging rules are not. Some states cap what you can charge, and a few prohibit it outright.
Surcharging is broadly permitted, but the picture is messier than most guides admit. Four states still enforce outright bans. Several more cap the fee. And a number of former bans — Texas, California and Florida among them — were struck down as unconstitutional restrictions on how a merchant may describe a price, so guidance written before those rulings is simply wrong. Everywhere it is allowed, a surcharge may not exceed your actual cost of acceptance.
| State | Status | Rule |
|---|---|---|
| Connecticut | Prohibited | Credit card surcharges prohibited. |
| Massachusetts | Prohibited | Credit card surcharges prohibited. |
| Maine | Prohibited | Credit card surcharges prohibited. |
| Puerto Rico | Prohibited | Credit card surcharges prohibited. |
| Colorado | Capped | Capped at 2% or your actual cost of processing, whichever is lower. |
| Nevada | Capped | Capped at your cost of acceptance, to a maximum of 1.5%. |
| New York | Capped | May not exceed the cost you pay to accept the card. |
| New Jersey | Capped | May not exceed the cost you pay to accept the card. |
| Georgia | Capped | May not exceed the cost you pay to accept the card. |
| Nebraska | Capped | May not exceed the cost you pay to accept the card. |
| South Dakota | Capped | May not exceed the cost you pay to accept the card. |
| Texas | Ban struck down | Tex. Fin. Code § 339.001 held unconstitutional in Rowell v. Paxton (5th Cir.); the OCCC ceased enforcement. Surcharging permitted with disclosure. |
| California | Ban struck down | Cal. Civ. Code § 1748.1 struck down in Italian Colors Restaurant v. Becerra (9th Cir.). Permitted with disclosure. |
| Florida | Ban struck down | Fla. Stat. § 501.0117 struck down in Dana's Railroad Supply v. Attorney General of Florida (11th Cir.). Permitted with disclosure. |
Debit is different: surcharging debit cards is prohibited in every state. Card brand rules also apply on top of state law, and both change — confirm current requirements before launching a program.
Surcharging rules and the high-risk sectors that concentrate there.
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Connecticut, Massachusetts, Maine and Puerto Rico still enforce outright bans. Several other state bans were held unconstitutional on First Amendment grounds and are no longer enforced, including Texas (Rowell v. Paxton), California (Italian Colors Restaurant v. Becerra) and Florida (Dana's Railroad Supply v. Attorney General of Florida). Surcharging is otherwise permitted, subject to disclosure and cost-of-acceptance limits.
No. Debit card surcharges are prohibited in every state without exception, regardless of the rules that apply to credit cards where you operate.
Run a cash discount program. Prices are posted for card payment and customers paying cash receive a discount. This is permitted in states where surcharging is not, but the two must not be confused — labeling a surcharge as a cash discount carries penalties.
Yes. Structure Payments underwrites high-risk merchants nationwide, with most accounts approved and processing within about 48 hours.
We do everything possible to get you approved, and most merchants are processing within about 48 hours. No obligation to see your real rate.