Surcharging first became legal as the result of a claim brought by U.S. merchants against Visa and MasterCard. As of January 27, 2013, card associations must permit merchants to add surcharges to certain credit card transactions. That means the credit card brands (Visa, MasterCard and others) cannot forbid surcharging in their guidelines. However, they can still restrict surcharging to certain parameters.
Following the 2013 ruling, many states stepped in to outlaw surcharging. As of early 2021, the following states are enforcing bans on credit card surcharging on the grounds that it’s unfair to consumers:
- Connecticut
- Massachusetts
*If your business is considering imposing a surcharge on credit cards and you’re unsure of the legality of the practice in your state, check with a business lawyer or your state’s Attorney General.