Each State’s Laws on Charging for Credit Card Purchases

June 7, 2023

We take our role in providing guidance and education regarding the card payment industry very seriously. At our own expense, we have vigorously defended our right to continue expose unethical and predatory practices in the industry, successfully defeating every attempt to silence us. However, fending off frivolous lawsuits is costly. To sustain these efforts, one of the ways we generate revenue is through affiliate partnerships with ethical providers. This means that some of our outgoing links connect business owners to trustworthy, low-cost payment processors, which is what most of our readers seek. We see this revenue channel as a win-win-win for everyone involved. Business owners find good processors, processors get good clients, and we are able to continue to provide a valuable service to the small business community. We also recommend and link to many services that do not compensate us. Our priority is to guide you to the best solutions for your needs, regardless of potential revenue. If you have questions, please feel free to contact us.

All mentions of rate and fee costs are estimations based on publicly available information and client feedback. Actual costs may vary based on a variety of factors unique to your business.

You might be thinking about adding credit card surcharges. Find out here if it is legal to charge customers for credit card use in your state. Keep in mind that you if your customers are in a different state than your business, it may be unclear which state’s laws you are required to comply with. In such cases, we recommend consulting a legal advisor familiar with credit card surcharging laws. Also, be sure to check out our article, “Charging Customers to Use Credit Cards is a Bad Idea” to better understand how doing so can harm your business. Also, keep in mind that Visa is imposing $5,000 fines for the first offense of improper surcharging.

States Where Credit Card Surcharge Fees are Prohibited:

Connecticut
- Connecticut Department of Consumer Protection
Massachusetts
- Mass.gov
- 193rd General Court of Massachusetts

States with Stipulations Regarding Credit Card Surcharging

Colorado (maximum of 2% of the sale amount)
- Colorado General Assembly

States That Allow Credit Card Surcharging

The following states allow credit card surcharges according to card brand policies:

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

About Us

CardPaymentOptions.com

Established 2009

My name is Phillip Parker, and I started this website back in 2009 as a simple blog to call out shady credit card processors that were taking advantage of small business owners. At the time, I had no idea this side project would grow into a leading voice pushing for transparency and integrity in the payment processing industry. I also didn't anticipate just how far some of these companies' owners would go to try to silence me.

I was recruited out of college for a sales role with a credit card processor. At the time, I didn't realize the “training” was really about tricking me... into selling business owners expensive processing with hidden fees and long-term service agreements. In my first few sales, I unknowingly cost friends and family thousands of dollars after they trusted me to switch their services. When it finally clicked that something was seriously wrong, I was furious. I quit immediately and made a promise to expose that company and any others operating the same way. That promise is what led to the creation of this website.

As I wrote about these processors, their tactics, and the people behind them, the articles started to spread among business owners. News organizations picked up the stories, readers shared them online, and traffic to the blog took off. Unsurprisingly, that also caught the attention of the companies and individuals I was exposing.

Over the last 17 years, I've received several anonymous death threats and defeated four lawsuits meant to intimidate me into taking my blog down. Their efforts to muzzle me only made my determination to expose them even stronger, leading me to work with state authorities to help shutdown some of the worst offenders.

I'm proud to say that of the millions of people who have read my work, thousands have taken the time to write and thank me for helping them narrowly avoid a very costly mistake. This blog has played a small role in pushing the industry toward more ethical practices - but there are still bad actors out there, which means the work isn't done.

If I can offer one piece of advice, it's this: get every promise in writing, and take the time to review contracts carefully. Tools like ChatGPT can help surface red flags and uncover expensive surprises buried in the fine print.

If you've made it this far, thank you for reading. I truly appreciate you being here, and I wish you every success with your business.

Our Research Methodology

Pricing & Fees

We analyze all costs including rate structures (interchange-plus, tiered, flat-rate, etc), monthly fees, equipment costs, early termination fees, and hidden charges. This data is gathered from service agreements, statements and client feedback.

Features & Technology

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Contract Terms & Conditions

We review service agreements and equipment contracts for reasonability, transparency, and fairness. We focus on uncovering any predatory clauses, such as unjustified early termination fees, hidden costs, and unclear cancellation policies.

User Experience

We comb the internet and interview current and former clients to evaluate the overall user experience and identify any common pain points that may impact the user experience.

Sales & Marketing Practices

We evaluate sales tactics, marketing materials, and client feedback to determine the level of transparency and ethical nature of the provider's approach. Does the provider publicly disclose pricing? Do they use teaser rates? We score based on these and other factors.

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