Our October review found two new state laws, resolved four long-standing cap questions, and updated three states with recent court or legislative action.
- Florida: A new law (Fla. Stat. § 509.214, effective July 1, 2026) requires food service establishments to disclose credit card surcharges and other added charges on menus, ordering apps and websites, near the register, on the bill, and as separate receipt lines.
- Louisiana: Act 751 bans surcharges on debit cards from August 1, 2026, with penalties up to $500 per violation and a private right of action. It has no express exception for cash discounts, so two-price setups in Louisiana should be reviewed before launch.
- New Jersey: S4107, which would ban surcharges on debit and gift cards, passed the Senate on June 18, 2026 and is pending in the Assembly.
- Nevada: No Nevada law caps surcharges. The widely repeated '1.5% cap' is a typical-cost figure from a 2020 Attorney General consumer advisory, not a legal limit.
- South Dakota: No South Dakota law caps surcharges. The 4% figure on the state's consumer page describes the 2013 card-brand settlement, not state law.
- Montana: No Montana law caps merchant surcharges. The 3% figure in industry lists comes from a statute that applies only to local government convenience fees.
- Nebraska: No Nebraska law caps merchant surcharges. The 'cost of acceptance' language in industry lists comes from statutes for state agencies and local governments.
- Illinois: A federal court permanently blocked most of the Interchange Fee Prohibition Act, and its effective date moved to July 1, 2027. A separate law (HB228) bars advertising prices that leave out mandatory fees from January 1, 2027.
- Oklahoma: A bill to raise the 2% surcharge cap to 3% died in May 2026. The 2% cap stands.
- Massachusetts: A bill to replace the surcharge ban with a cap (S.2819) did not pass before the session ended July 31, 2026. The ban stands.
- Colorado: A bill to bar interchange on sales tax was vetoed on June 3, 2026. The 2% surcharge cap stands.
- Card brands: The Visa/Mastercard interchange settlement has preliminary approval only (June 9, 2026). Its new surcharge rules are not in effect.