
Vendors can charge credit card fees, but it's not a straightforward process. In the US, the Fair Credit Billing Act prohibits merchants from imposing a surcharge on customers who pay with credit cards, but it allows them to pass on the fees to customers in some cases.
Credit card companies typically charge merchants a small percentage of the transaction amount as a fee, which can range from 1.5% to 3.5% depending on the type of card and the merchant's business. This fee is usually split between the merchant and the credit card company.
Businesses may be able to pass on these fees to customers, but it's not always possible or profitable. For example, if a merchant charges a 3% credit card fee, they may need to raise their prices by at least 3% to cover the cost, which could deter customers from using credit cards.
Here's an interesting read: Is It Legal to Pass Credit Card Fees to Customers
Types of Fees and Charges
Convenience fees are extra costs applied to credit card payments that are made using a nonstandard channel, such as buying museum tickets online instead of in person.

There are two types of fees vendors can charge: convenience fees and surcharges. Convenience fees are legal in all states, but surcharges are not.
A convenience fee is applied to credit card payments made outside the standard payment method, like buying tickets online instead of at the front desk. This fee is meant to cover the extra cost of processing nonstandard payments.
Surcharges, on the other hand, are fees imposed on every credit card transaction, regardless of how it's made. This type of fee is meant to help merchants recoup some or all of the costs of processing credit card payments.
Convenience fees shouldn't be used as a workaround for surcharging, and they have their own set of regulations.
Rules and Regulations
Credit card brands, such as Visa, Mastercard, American Express, and Discover, have rules against imposing fees on credit card payments, and breaking these rules can have serious consequences for businesses.
To abide by these rules, businesses must consider the impact on customers and what competing businesses are doing before charging fees. This is because credit card brands frown upon these fees.
Additional reading: Why Are Businesses Charging to Use Credit Cards
Merchants are not required to charge customers a fee for paying by credit card, and it's essential to check with card network regulations and individual state laws before implementing surcharges.
Businesses that choose to add a credit card payment surcharge must clearly disclose the fee before payment as a separate line item on the receipt, and provide notice at least 30 days in advance of implementing a credit card processing fee.
Here are the key rules to follow:
- Clearly disclose the fee before payment
- Provide notice at least 30 days in advance of implementing a credit card processing fee
- Post a written notice at the point of sale to alert customers
The maximum surcharge is 4% of the transaction amount or the cost of accepting that credit card as a payment method – whichever is lower.
Is Surcharging Legal in My State?
Credit card surcharges are legal in the US, except in states that prohibit them. These states include Connecticut, Florida, Kansas, Maine, Massachusetts, New Jersey, New York, Oklahoma, and Texas (with exceptions).
If you're considering charging a surcharge, it's essential to check if your state has any restrictions or laws prohibiting surcharges. You can visit the National Conference of State Legislatures article to find out.
For your interest: Credit Card Fees New York
Some states have deemed surcharges illegal, so it's crucial to determine the legality of charging credit card fees in your state. You may need to consult with legal counsel or financial advisors to align with the latest legal standards.
Currently, credit card surcharges are illegal in 10 states, so it's worth checking if your state is on this list. Here are the states that currently prohibit credit card surcharges:
Remember to check the latest laws and regulations in your state before deciding to charge credit card surcharges.
What to Do About Illegal or Exorbitant Fees
If you encounter a fee that you believe is illegal, it's essential to take action. You can notify the card payment processing network so that it can investigate.
Before doing so, make sure you have evidence of the fee, such as a receipt or a photo of the transaction. This will help the network or state's attorney general to determine whether the merchant has indeed broken the rules.
You can also file a complaint with the relevant state's attorney general to investigate whether a merchant is violating laws or consumers' rights. This is a great way to hold businesses accountable for their actions.
To avoid getting hit with exorbitant fees, always check your receipt for any added charges. According to Visa, merchants must clearly disclose the fee before you pay as a separate line item on the receipt.
If you're unsure about the legitimacy of a fee, don't hesitate to ask the merchant for an explanation. They're required to provide notice at least 30 days in advance of implementing a credit card processing fee for customers.
Here's a quick rundown of what to do if you encounter an illegal or exorbitant credit card payment fee:
Rules for Payments
You can charge customers a fee for paying with credit cards, but you must abide by laws and policies set by stakeholders, including credit card brands and consumers.
Before deciding to charge fees, ask questions like: "Is it worth it to charge a fee on credit card payments?" and consider how it will impact your customers.
Businesses are not required to charge customers a fee for paying by credit card, and credit card brands frown upon these fees.
To charge a credit card fee, you must clearly disclose the fee before the transaction is completed, and the cardholder must be able to cancel the transaction without penalty.
Card networks impose a cap on surcharges, typically restricting them to no more than the merchant's cost to process credit card transactions or up to 3%, whichever is lower.
Merchants can add either a brand fee or a product fee, but not both, and the maximum surcharge is 4% of the transaction amount or the cost of accepting that credit card as a payment method, whichever is lower.
Here are some key rules to keep in mind:
Businesses must provide notice at least 30 days in advance of implementing a credit card processing fee for customers, and the fee must be clearly disclosed on the receipt.
Some states prohibit surcharges, so it's essential to check the laws in your area before charging a credit card fee.
You should consult your payment processor regarding rules and regulations on surcharging, and be aware that some payment card network operators (PCNOs) forbid surcharging for prepaid cards.
Impact on Business
Charging credit card fees can drive away potential business, especially if you're the only one in your industry doing so. This can lead customers to seek out competitors who don't impose these extra fees.
If you charge a fee for paying with a credit card, it can leave a bad taste in customers' mouths. You'll need to weigh the potential benefits against the potential backlash.
Assessing what your competitors are doing is crucial before deciding to charge credit card fees. If they're not charging fees, it's likely to hurt your business.
Offering discounts to customers who pay with cash instead of credit can help mitigate the negative impact of charging credit card fees. This will also eliminate the hassle of laws and regulations associated with convenience fees and surcharges.
A fresh viewpoint: Accounting for Credit Card Processing Fees Charged to Customers
Best Practices and Security
To charge credit card fees effectively, vendors need to follow best practices and maintain strong security measures. Clear and transparent fee disclosure is key, so make sure to state fees explicitly before any transaction is completed.
Consistency is also crucial when charging fees, as it helps set clear customer expectations and reduces confusion. This means applying the same fees for the same types of transactions, regardless of the cardholder or purchased item.
Adhering to guidelines set by credit card companies, such as Visa, MasterCard, American Express, and Discover, is essential to avoid legal disputes and preserve the ability to offer diverse forms of payment. This includes understanding permissible fees, maximum percentages, and conditions for implementation.
To minimize the risk of fraud, employ up-to-date security measures like encryption and tokenization for transactions, use secure payment gateways, and adhere to Payment Card Industry Data Security Standard (PCI DSS) guidelines.
Here are some security measures to consider:
- Employ up-to-date security measures such as encryption and tokenization for transactions.
- Use secure payment gateways and adhere to Payment Card Industry Data Security Standard (PCI DSS) guidelines.
- Enable address verification service (AVS) and request the CVV code to verify the identity of the cardholder.
Best Practices
To ensure transparency and fairness in your business operations, it's essential to follow best practices when charging credit card fees. This involves being clear and transparent about any extra charges, consistently applying fees across all transactions, and adhering to guidelines set by credit card companies.

Disclosing credit card fees clearly and transparently is crucial. Businesses must state fees explicitly before any transaction is completed, allowing customers to understand any extra charges that will affect their total purchase cost. This transparency helps avoid disputes and maintains compliance with regulations that mandate visibility of any additional fees.
To maintain consistency, businesses should apply the same fees for the same types of transactions, regardless of the cardholder or the purchased item. This approach sets clear customer expectations and reduces confusion or perceived bias, which can lead to dissatisfaction or complaints.
Businesses must also adhere to guidelines set by credit card companies, such as Visa, MasterCard, American Express, and Discover. These guidelines govern how merchants can impose credit card fees, including the types of fees permissible, the maximum percentage that can be charged, and the conditions under which these fees can be implemented.
Here are some key guidelines to keep in mind:
- Ensure clear and transparent fee disclosure.
- Be consistent with your fees.
- Adhere to guidelines set by credit card companies.
By following these best practices, businesses can build trust with their customers and maintain a positive reputation in the market.
Reduce fraud risk
Reducing fraud risk is crucial in minimizing unnecessary credit card fees. Employing up-to-date security measures such as encryption and tokenization for transactions can significantly reduce this risk.
Using secure payment gateways and adhering to Payment Card Industry Data Security Standard (PCI DSS) guidelines is also essential. This helps protect sensitive information and prevent unauthorized transactions.
Enabling address verification service (AVS) and requesting the CVV code can further verify the identity of the cardholder. This adds an extra layer of security to prevent fraudulent activities.
By implementing these strategies, merchants can navigate the complexities of credit card fees and reduce their impact on the business's financial health.
Here are some key steps to reduce fraud risk:
- Employ up-to-date security measures such as encryption and tokenization for transactions.
- Use secure payment gateways and adhere to Payment Card Industry Data Security Standard (PCI DSS) guidelines.
- Enable address verification service (AVS) and request the CVV code to verify the identity of the cardholder.
Payment Processing Options
Visa, Mastercard, American Express, and Discover all frown upon fees on credit card payments, so if you decide to impose fees, you'll need to follow their rules.
You can add a surcharge to a credit card transaction, but you'll need to provide advance written notice to your acquirer or downstream participant and/or your payment card network.
Some payment card network operators (PCNOs) forbid surcharging for prepaid cards, and certain PCNOs don't allow merchants to surcharge more for their credit cards than for other PCNOs' credit cards.
To surcharge at the brand level, the surcharge must be the same across all credit cards for that specific payment card network.
Here are the surcharging requirements for PCNOs:
You should consult your payment processor regarding these rules, as they may have specific requirements for surcharging.
Contact your payment processor about your ability to surcharge for accepting debit card payments, as some networks don't allow merchants to do so.
EBizCharge is a platform that simplifies the process of surcharging by allowing merchants to pass processing costs directly to customers, while ensuring compliance with state and federal regulations.
If this caught your attention, see: Can Stores Charge a Debit Card Fee
Frequently Asked Questions
In what states is it illegal to charge credit card fees?
In the US, it's prohibited to charge credit card fees in Connecticut, Maine, Massachusetts, New York, and Puerto Rico. Check local laws for specific details on credit card fee restrictions in these states.
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