Surcharge & Dual Pricing Laws · Colorado · Last verified 2026-08-27
Credit card surcharging is legal in Colorado, but with state-specific restrictions — see the cap and disclosure rules below. Surcharges apply to credit cards only, never debit or prepaid. Dual pricing — posting a card price and a lower cash price — is legal in Colorado.
| Credit card surcharging | LEGAL WITH RESTRICTIONS |
|---|---|
| Surcharge cap | 2% of the transaction OR the merchant discount fee, whichever is less. |
| Dual pricing (cash price / card price) | LEGAL |
| Governing law | C.R.S. §5-2-212 (SB21-091, effective July 1, 2022) |
| Enforcement | Actively enforced under the Uniform Consumer Credit Code (Attorney General/UCCC Administrator). |
Colorado prescribes specific statutory disclosure language referencing §5-2-212, posted on premises and online; the surcharge must appear as a separate line item on the receipt; no surcharge on cash, check, debit, or gift cards.
Dual pricing (posting a card price and a lower cash price) is legal.
Many Colorado merchants choose dual pricing over surcharging because it covers both debit and credit and sidesteps the state's surcharge-specific caps and disclosure mechanics. Where a surcharge program fits better, it must follow the rules above exactly.
Yes, with restrictions. 2% of the transaction OR the merchant discount fee, whichever is less.
Dual pricing (posting a card price and a lower cash price) is legal. Dual pricing applies to both debit and credit cards.
No. Debit and prepaid cards can never be surcharged anywhere in the U.S. — the Durbin Amendment and card-network rules prohibit it regardless of state law. Dual pricing, by contrast, lawfully covers both debit and credit.
Colorado prescribes specific statutory disclosure language referencing §5-2-212, posted on premises and online; the surcharge must appear as a separate line item on the receipt; no surcharge on cash, check, debit, or gift cards.
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This page is an educational reference, not legal advice. Surcharge and pricing law changes frequently — this page was last verified on 2026-08-27, and we confirm current rules for your state during setup. Sources: C.R.S. §5-2-212 (Colorado General Assembly / Justia).