In most states, yes—credit card surcharges are legal, but there are important rules to follow. The practice became legal in 2013 after a settlement between US merchants and major card brands like Visa and Mastercard. Today, those brands must allow surcharging—but they can still enforce specific requirements, like how and when it’s applied.
However, some states don’t allow surcharging at all. As of early 2021, surcharging is banned in:
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Connecticut
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Massachusetts
If you’re unsure whether surcharging is permitted in your state, it’s a good idea to check with your state’s Attorney General or a legal advisor familiar with local business laws.