State law guide · Last verified 2026-08-27
Is Credit Card Surcharging Legal in Kansas? (2026)
Yes — credit card surcharging is legal in Kansas. No state law caps it; card-brand rules limit surcharges to 3% on credit cards and never allow them on debit or prepaid cards. Dual pricing — posting a card price and a lower cash price — is legal in Kansas.
| Credit card surcharging | Legal under card-brand rules |
|---|---|
| Surcharge cap | No state cap. Card-brand rules govern (lesser of 3% Visa/Discover cap or merchant's cost of acceptance; Mastercard 4% ceiling rarely operative). Debit and prepaid cards can never be surcharged. |
| Dual pricing (cash and card price) | Legal |
| Governing law | Kan. Stat. §16a-2-403 (amended 2024, effective January 1, 2025) |
Dual pricing in Kansas
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 Kansas when prices are posted the way the checklist below describes.
What to post in Kansas
A two-price checklist for Kansas 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.
Surcharging in Kansas: the details
Enforcement
Surcharging is now expressly permitted with notice; the former ban was repealed by the 2024 amendment.
Disclosure rules for surcharges
Clear and conspicuous notice at the point of sale, at store entry, and online (applies to in-person and online transactions).
Key rulings
Prior 1986 ban struck down by a federal court in 2021.
Recent and pending changes
2024 amendment effective January 1, 2025.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: Kan. Stat. §16a-2-403 (Kansas Revisor).
Questions Kansas owners ask
Can a business charge a credit card surcharge in Kansas in 2026?
Yes. No Kansas law caps surcharges, so card-brand rules govern: up to 3% on credit cards, never on debit or prepaid, with proper disclosure.
Is dual pricing (a cash price and a card price) legal in Kansas?
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 Kansas business have to post?
Clear and conspicuous notice at the point of sale, at store entry, and online (applies to in-person and online transactions).
Has Kansas surcharge law changed recently?
2024 amendment effective January 1, 2025.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · 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 Kansas?
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.