State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in Colorado? (2026)
Credit card surcharging is legal in Colorado, but state law adds 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 state restrictions |
|---|---|
| Surcharge cap | 2% of the transaction OR the merchant discount fee, whichever is less. |
| Dual pricing (cash and card price) | Legal |
| Governing law | C.R.S. §5-2-212 (SB21-091, effective July 1, 2022) |
Dual pricing in Colorado
Dual pricing (posting a card price and a lower cash price) is legal.
FeeSlicers sets up dual pricing through North's Edge program: every item has a posted card price about 4% higher than its cash price ($3.00 cash / $3.12 card), the same for credit and debit. That structure is legal in Colorado when prices are posted the way the checklist below describes.
What to post in Colorado
A two-price checklist for Colorado businesses.
- Post the card price for every item — on your menu, shelf tags, price board and website. Never show a cash price by itself.
- Show the cash price next to it, clearly labeled as the cash price.
- Put a customer notice at the entrance and at the register saying items have a cash price and a card price. North supplies this sign to Edge merchants, in English and Spanish.
- Charge one card price for every card — credit and debit alike.
- Make sure the receipt shows the price the customer paid, never an extra amount on top of the cash price.
- Colorado: Colorado's HB25-1090 (effective January 1, 2026) requires advertised prices to include mandatory charges. Advertise the card price, with cash shown as the discount.
Surcharging in Colorado: the details
Enforcement
Actively enforced under the Uniform Consumer Credit Code (Attorney General/UCCC Administrator).
Disclosure rules for surcharges
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.
Recent and pending changes
SB26-134, which would have barred interchange on the sales-tax portion of transactions, passed both chambers but was vetoed by Governor Polis on June 3, 2026. Separately, HB25-1090 (junk-fee/pricing disclosure) took effect January 1, 2026; commentary treats a payment-method surcharge as avoidable and therefore outside its all-in pricing requirement, but no AG guidance confirms this.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: C.R.S. §5-2-212 (Colorado General Assembly / Justia).
Questions Colorado owners ask
Can a business charge a credit card surcharge in Colorado in 2026?
Yes, with restrictions. 2% of the transaction OR the merchant discount fee, whichever is less.
Is dual pricing (a cash price and a card price) legal in Colorado?
Dual pricing (posting a card price and a lower cash price) is legal. One card price covers both credit and debit cards.
What does a Colorado business have to post?
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. Colorado's HB25-1090 (effective January 1, 2026) requires advertised prices to include mandatory charges. Advertise the card price, with cash shown as the discount.
Has Colorado surcharge law changed recently?
SB26-134, which would have barred interchange on the sales-tax portion of transactions, passed both chambers but was vetoed by Governor Polis on June 3, 2026. Separately, HB25-1090 (junk-fee/pricing disclosure) took effect January 1, 2026; commentary treats a payment-method surcharge as avoidable and therefore outside its all-in pricing requirement, but no AG guidance confirms this.
Other states with their own rules: California · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · Montana · Nebraska · Nevada · New Jersey · New York · North Carolina · Oklahoma · Puerto Rico · Rhode Island · South Dakota · Texas · Virginia · Wyoming. Every other state is on the 50-state table. Recent updates are in the law changes log.
Want two prices set up the right way in Colorado?
George will walk you through your state's posting rules before anything goes on your counter.
Two minutes to start. No obligation. George takes it from there.