The short answer
Surcharging credit cards is permitted in most US states within card-brand rules and a 3% ceiling. Massachusetts and Connecticut prohibit it, as does Puerto Rico. New York regulates presentation, requiring the total card price be posted. Colorado caps surcharges below the national ceiling. Debit surcharging is prohibited everywhere.
Presentation matters as much as legality
Even where surcharging is legal, the surcharge must be disclosed at the point of entry and the point of sale, itemised on the receipt, and capped at your actual cost of acceptance.
Multi-state operators need per-site configuration
A chain with locations in Massachusetts and Texas cannot run one program. Configure per jurisdiction, and confirm current law before launch — this area moves through litigation.
Key takeaways
- Never surcharge debit, anywhere
- Massachusetts, Connecticut and Puerto Rico prohibit credit surcharging
- Cap at actual cost of acceptance, never at the ceiling by default
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