The short answer
Yes, with conditions. K.S.A. 16a-2-403, in the version effective January 1, 2025, says a person or retailer may not impose a surcharge on a customer who elects to pay by credit card unless the amount of the surcharge is disclosed through a clear and conspicuous notice at the point of entry or the point of sale, in advance of the transaction. The statute sets no cap. Visa's rules limit surcharges to your cost of acceptance and never more than 3%, and prohibit surcharging debit and prepaid cards. Not legal advice.
Read this first
This page is general information, not legal advice. It is current as of September 16, 2026, and summarizes the primary sources listed at the end. Surcharge rules change through new laws, amendments and court cases, so check current rules with your processor and your own counsel before you add a card fee. CELER Merchants is an independent merchant services agent, not a law firm or a processor. The statute text is from the Kansas Office of Revisor of Statutes. Its history note lists L. 1986, ch. 90, s. 2; L. 1999, ch. 107, s. 17; L. 2010, ch. 64, s. 1; and L. 2024, ch. 6, s. 51, effective January 1, 2025. Guides written before 2025 may describe an earlier version of the law.
What K.S.A. 16a-2-403 says
The whole section is one sentence: "No person or retailer doing business in any sales, service or lease transaction with a customer may impose a surcharge on a customer who elects to use a credit card as payment unless such person or retailer discloses the amount of such a surcharge through a clear and conspicuous notice to the customer at the point of entry or the point of sale and in advance of such transaction."
| Question | What the statute says |
|---|---|
| Who it covers | Any person or retailer doing business in a sales, service or lease transaction with a customer |
| Which payments | A customer who elects to use a credit card as payment |
| Is a surcharge allowed? | Only if the amount of the surcharge is disclosed as the statute requires |
| Form of notice | A clear and conspicuous notice to the customer |
| Where | At the point of entry or the point of sale |
| When | In advance of the transaction |
| Cap | None stated in the section |
| Debit cards | Not mentioned in the section; card network rules prohibit surcharging debit and prepaid cards |
No state cap, but the Visa cap still applies
Section 16a-2-403 does not set a maximum percentage. That does not make any amount acceptable. Visa's Merchant Surcharging Considerations and Requirements document says the surcharge must not exceed your cost of acceptance for the credit card, and that when your cost of acceptance is above 3% of the transaction you still cannot surcharge more than 3%. Mastercard, American Express and Discover set their own conditions, so check current rules for each network you accept.
Disclose the amount, not just the fact
The statute requires notice of the amount of the surcharge, not only a statement that a card fee exists. A sign that says "a fee may apply to card payments" does not state an amount. State the percentage or dollar amount, and make sure the customer can see it before paying. The statute names the point of entry or the point of sale; Visa's document asks for disclosure at both, and also requires the final surcharge amount to be itemized separately on the transaction receipt. Meeting Visa's requirement covers both.
Cash discounts and dual pricing
Section 16a-2-403 does not mention cash discounts, dual pricing or "non-cash adjustment" programs. We are not aware of a Kansas statute that defines them, so we do not describe them as allowed or prohibited here. A program that adds a charge at the register only when a customer pays by credit card works like a surcharge, so the safest approach is to meet the disclosure rule and Visa's surcharge requirements. Have counsel review any program before launch.
What Kansas merchants should do
1. Work out your actual cost of accepting credit cards from your processing statements. 2. Keep any surcharge at or below that cost and at or below Visa's 3% ceiling, and check the other networks you accept. 3. Post a clear and conspicuous notice that states the surcharge amount at the point of entry and the point of sale, in store and on your checkout page. 4. Make sure the customer sees the amount before the transaction. 5. Configure your terminal and gateway so debit and prepaid cards are never surcharged, as Visa requires. 6. Notify your acquirer at least 30 days before you start, as Visa requires. 7. Show the surcharge as its own line on every receipt. 8. Recheck the rules at least once a year.
If you also sell in other states
Neighboring states do not share Kansas's rule. Colorado and Oklahoma have their own caps and notice rules, covered in separate guides. We have not confirmed a statewide surcharge statute for Missouri or Nebraska from a primary source, which does not mean anything goes. Check the state-by-state table and set surcharging per location and per website.
Key takeaways
- K.S.A. 16a-2-403 allows a credit card surcharge only with a clear and conspicuous notice of the amount.
- The notice goes at the point of entry or point of sale, before the transaction.
- The current version took effect January 1, 2025.
- The statute sets no cap; Visa limits surcharges to cost of acceptance and never more than 3%.
- Never surcharge debit or prepaid cards under Visa's rules.
- General information as of September 16, 2026, not legal advice.
Related guides
Sources
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