Can You Legally Pass on Credit Card Fees to Customers? - NerdWallet (2024)

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Small-business owners who accept card payments for goods or services know that offering choice on how their customers pay comes at a cost. Credit card processing fees can add up quickly. According to data released by the Nilson Report in March 2023, merchants paid $126.35 billion in processing fees to accept credit card payments in 2022 — an increase of 20.2% compared with 2021.

Business owners may want to explore their options for legally offsetting credit card fees. Passing on credit card fees to customers is certainly not something every small-business owner feels comfortable doing, but if you are curious about your options, read on to learn about credit card surcharging and cash discounting.

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If passing on credit card fees to your customers doesn’t feel right for your business, consider shopping around for a more cost-effective payment processor.

» MORE:Cheapest Credit Card Processing Companies

Options for passing on credit card fees to customers

Before deciding whether passing on credit card fees to your customers is the right move for your business, consider your options for doing so and the pros and cons for each.

Credit card surcharging

Credit card surcharging enables a business to charge an additional fee (up to a maximum of 4% of the total transaction) when a customer pays with a credit card. This is meant to cover the cost of the processing fees for the business.

This practice is legal in all but four states — Connecticut, Maine, Massachusetts and Oklahoma — additionally, Colorado caps the surcharge fee at 2%. It is also important to note that surcharging is not allowed for debit cards, even when they are run as a credit transaction. Businesses that plan to add a surcharge to card payments must follow a specific set of rules laid out by the major card networks, notably Visa and Mastercard. One such rule states that any business that plans to add a surcharge must notify the card network in writing at least 30 days before beginning to surcharge.

If you’re considering adding a surcharge for customers who pay by card, know that card networks generally frown upon this practice as it can deter customers from using their credit cards. You’ll likely also want to give consideration to your customer base and how they may react to seeing an additional fee at checkout. It may be useful to first look into whether your competitors surcharge credit card payments and perhaps gather some feedback from your trusted customers on how they may react to it.

Pros and cons of credit card surcharging

Pros

Cons

  • Can help cover the cost of processing fees.

  • Not legal in all 50 states.

  • May help improve your bottom line by reducing the amount you pay to the processor.

  • May subject your business to random audits by credit card networks.

  • Could cause customer dissatisfaction.

Cash discounting

Cash discounting, sometimes referred to as dual pricing, is another option available to business owners who wish to minimize the impact of credit card processing fees on their bottom line. Instead of adding a fee for card payments, businesses that offer a cash discount advertise both the full cost of a good or service (or the amount owed if purchased with a card) and a discounted price available to customers who pay with cash.

Unlike credit card surcharging, cash discounting is legal in all 50 states. But like surcharging, there are specific rules you must follow to offer a cash discount program in a legal manner. For example, a compliant cash discounting program necessitates that you clearly list the credit card price for all your customers to see before the point of purchase; you cannot list only the cash price and then surprise customers with a higher card price at the time of transaction. Again, it will be important to take into consideration your customers’ likely reaction to a program like this before implementing it.

Pros and cons of cash discounting

Pros

Cons

  • Legal in all 50 states.

  • Likely need to raise prices on all items or services before implementing for it to make sense financially (some customers will opt in to the cash discount, but some will still choose to pay by card, which means you’ll be on the hook for those processing fees).

  • Customers may be more receptive to a percentage discount (vs. percentage added fee of a surcharge).

  • Could cause customer dissatisfaction.

  • May feel more familiar to customers, therefore less likely to be met with resistance, since it’s long been an option at gas stations.

  • May require more effort and resources to accommodate more frequent bank deposits.

Payment processors with solutions for passing on credit card fees

ProductPayment processing feesMonthly feeLearn more

National Processing

NerdWallet Rating

5.0

Learn more

on National Processing's website

0%-1.5% + 0¢-48¢

for Basic In-Person Package.

$10

for Basic In-Person Package.

Learn more

on National Processing's website

CardX

Learn more

on CardX's website

0%

for credit cards; 2.91% for debit cards.

$35

for in-person terminal; $29 for virtual terminal.

Learn more

on CardX's website

Dharma Merchant Services

NerdWallet Rating

4.5

Read Review
0.15% + 8¢

plus interchange in-person; 0.20% + 11¢ plus interchange online.

$15

for most industries; $12 for nonprofits.

Read Review

Increasingly, payment processors are offering compliant solutions for credit card surcharging and cash discounting. Here are several such processors that also make NerdWallet’s lists of Best Payment Processing Companies, Best Credit Card Processing Companies and Best Merchant Services.

Dharma Merchant Services

Solution type: Credit card surcharging

Monthly fee: $25 per month for MX Advantage, which enables surcharging, in addition to the monthly fee below that aligns with your business type.

  • $12 for nonprofits.

  • $15 for business to business, e-commerce, hospitality, retail and restaurant.

Payment processing fees:

  • Interchange plus 0.15% + 8 cents for in-person transactions.

  • Interchange plus 0.20% + 11 cents for online transactions.

  • Interchange plus 0.25% + 8 cents for in-person AmEx transactions.

  • Interchange plus 0.30% + 11 cents for online AmEx transactions.

Why we like it: While Dharma’s surcharging solution comes with an added monthly cost, it also comes with extra benefits, including the ability to surcharge for card-present and card-not-present transactions within Dharma’s virtual terminal and for invoiced and recurring payments. Dharma’s platform that enables the surcharge option also integrates with QuickBooks, which makes for smoother bookkeeping. Read our full Dharma Merchant Services review.

CardX

Solution type: Credit card surcharging

Monthly fee:

  • Starting at $35 for in-person terminal.

  • Starting at $29 for virtual terminal.

Payment processing fees:

  • 0% for credit cards (your customers pay 3%).

  • 2.91% for debit cards (your customers pay 0%).

Why we like it: CardX, owned by Stax, is a payments company dedicated solely to offering a compliant credit card surcharge solution. The company was created from the outset of the 2013 ruling that legalized surcharging in most of the United States. CardX works not only with businesses but also with government and education institutions.

National Processing

Solution type: Cash discounting

Monthly fee: There is a $30 monthly fee if you process less than $3,000 per month.

  • $9.95 for Basic In-Person Package, Basic E-Commerce Package.

  • $9.95 and up for Premium Package (for businesses with monthly sales volumes exceeding $30,000).

  • $19 and up for Advanced Package.

Payment processing fees:

  • Basic In-Person Package: 2.5% plus 10 cents per transaction.

  • Basic E-Commerce Package: 2.9% plus 30 cents per transaction.

  • Advanced Package: 2.41% plus 10 cents.

  • Premium Package: quote-based.

Why we like it: While many processors have begun to offer compliant credit card surcharge programs, National Processing stands apart with its compliant cash discount offering. As long as you meet the monthly processing minimum of $3,000, there’s no additional charge to make use of the cash discount program. Read our full review of National Processing.

Can You Legally Pass on Credit Card Fees to Customers? - NerdWallet (2024)

FAQs

Can You Legally Pass on Credit Card Fees to Customers? - NerdWallet? ›

There are legal options for passing on credit card fees to customers. Credit card surcharging and cash discounting are the two main options for passing on fees.

Is it legal to pass credit card fees to customers? ›

But passing on credit card fees to customers is legal in the majority of the U.S. Whether or not a merchant can charge them boils down to local laws and the parameters provided by payment processing networks. Being familiar with the restrictions in your area is important to ensure you aren't overcharged.

Can merchants charge 2% extra on credit card payments? ›

If you choose to impose surcharges in the US, you are required to follow certain protocols and state regulations. You must notify the appropriate credit card associations before imposing fees, and your credit card surcharge must not exceed the cost of accepting the card or four percent of the total transaction.

Are credit card handling fees legal? ›

Businesses cannot impose any surcharge for using the following methods of payment: consumer credit cards, debit cards or charge cards.

How do I let customers know about credit card fees? ›

Credit card surcharge signs must be clearly visible and easy for customers to read. They must also be located in a place where customers are likely to see them before they make a purchase. The signs must disclose the amount of the surcharge, as well as the fact that the surcharge is not a government fee.

How to pass on square fees to customers? ›

Go to Account & Settings > Business information > service charges on your online Square Dashboard. Click Create service charge. Name your service charge. Note: This name will be displayed on customer receipts and order summaries.

In what states is it illegal to surcharge? ›

To date, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

Can my business add a surcharge for card paying customers? ›

In 1985, California passed a law (Civil Code section 1748.1) that prohibited merchants from adding a surcharge (an extra fee) when customers pay by credit card instead of cash.

Can businesses charge 3% for using a credit card? ›

The surcharge that merchants pass on to consumers cannot exceed the cost merchants are charged by credit card payment processors. The current cap on these fees is 4%. “In some cases, the processor will reduce the cost if the merchant balks at 4%,” said Fortney. “But it's very rare for a surcharge to be less than 2.5%.”

How to avoid credit card surcharges? ›

How To Avoid The Highest Card Charges
  1. Paying with cash (provided you're not paying ATM fees to withdraw your cash)
  2. Choosing to insert or swipe your card to access the eftpos network, rather than tap-and-go or using a digital wallet like Apple Pay or Google Pay.
  3. Prioritising businesses that don't charge card surcharges.
Apr 16, 2024

Can retailers pass on credit card fees? ›

There are legal options for passing on credit card fees to customers. Credit card surcharging and cash discounting are the two main options for passing on fees. Adding a surcharge to credit card payments is not legal in every state, but offering a cash discount is.

How do I fight credit card fees? ›

Steps to take to dispute a credit card charge
  1. Review transaction history. Every month you should review your transaction history online, through the card's mobile app, or on paper statements received in the mail. ...
  2. Contact the merchant. ...
  3. Gather supporting documentation. ...
  4. Contact card issuer. ...
  5. Submit required documentation.
Jan 29, 2024

Is it legal to charge servers for credit card fees? ›

California: Prohibited. According to California state law, employers must give employees the entire tip from the customer. Employers are responsible for paying the entirety of the credit card processing fee.

How do you explain surcharges to a customer? ›

Educate your customers
  1. Point-Of-Entry Disclosure: We impose a surcharge on credit cards that is not greater than our cost of acceptance.
  2. Point-Of-Sale Disclosure: We impose a surcharge of ____% on the transaction amount on Visa credit card products, which is not greater than our cost of acceptance.

How to offset credit card processing fees? ›

How to offset credit card processing fees for your business
  1. Optimize your interchange fees. ...
  2. Implement a credit card surcharge. ...
  3. Negotiate whenever possible. ...
  4. Offer alternatives. ...
  5. Limit chargebacks. ...
  6. Focus on security. ...
  7. Settle transactions quickly. ...
  8. Automate your accounts.
Apr 16, 2024

How do I charge customers credit card processing fee on an invoice? ›

Here's how you can do it:
  1. Calculate the fee: Multiply the total cost of the invoice by 2.99% to determine the fee amount.
  2. Add a line item: While creating the invoice, include a separate line item for the processing fee and enter the calculated amount.
Jan 20, 2024

Who gets the money from credit card fees? ›

Credit card processing fees are paid by the merchant, not by the consumer. Businesses and their acquiring banks pay credit card processing fees to the consumer's credit card issuer, credit card network and payment processor. On average, credit card processing fees can range between 1.5% and 3.5% of the transaction.

How do you record credit card fees charged to customers? ›

When you pay or receive credit card processing fees, do not record them as part of your sales revenue. Instead, credit card accounting principles require that you list them as expenses.

Can I pass on credit card fees to customers in QuickBooks Online? ›

If you choose to add a credit card processing fee to your invoice, you can create a service item, then manually add it to your invoice.

Does Mastercard allow merchants to charge a fee? ›

Merchants are permitted to apply either a brand-level surcharge or a product-level surcharge to Mastercard credit cards. A brand level surcharge is one where the merchant charges the same percentage on all Mastercard credit cards.

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