Surcharge & Dual Pricing Laws · Kansas · Last verified 2026-08-27
Yes — credit card surcharging is legal in Kansas. There is no state-specific cap; card-brand rules apply, which 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 price / card price) | LEGAL |
| Governing law | Kan. Stat. §16a-2-403 (amended 2024, effective January 1, 2025) |
| Enforcement | Surcharging is now expressly permitted with notice; the former ban was repealed by the 2024 amendment. |
Clear and conspicuous notice at the point of sale, at store entry, and online (applies to in-person and online transactions).
Prior 1986 ban struck down by a federal court in 2021.
2024 amendment effective January 1, 2025.
Dual pricing (posting a card price and a lower cash price) is legal.
Kansas merchants can run either program. Dual pricing covers both debit and credit and requires no surcharge registration; surcharging (flat 3%, credit only) works well for credit-heavy businesses. The right fit depends on your card mix.
Yes. Kansas has no state surcharge statute, so card-brand rules govern: up to 3% on credit cards, never on debit or prepaid, with proper disclosure.
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.
Clear and conspicuous notice at the point of sale, at store entry, and online (applies to in-person and online transactions).
2024 amendment effective January 1, 2025.
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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: Kan. Stat. §16a-2-403 (Kansas Revisor).