Surcharge & Dual Pricing Laws · Massachusetts · Last verified 2026-08-27

Is Credit Card Surcharging Legal in Massachusetts? (2026)

No — credit card surcharging is banned in Massachusetts and the ban is actively enforced. Dual pricing — posting a card price and a lower cash price — is legal in Massachusetts.

Massachusetts at a glance

Credit card surchargingBANNED
Surcharge capN/A — surcharging is prohibited.
Dual pricing (cash price / card price)LEGAL
Governing lawMass. Gen. Laws ch. 140D, §28A
EnforcementActively enforced — Attorney General enforcement plus private suits under Chapter 93A; Division of Banks opinions 08-041 and 11-017.

What Massachusetts requires merchants to disclose

Display the regular price; a compliant program posts the card price and discounts for cash.

Dual pricing vs. surcharging in Massachusetts

Cash discounting IS legal — dual pricing is the compliant Massachusetts structure.

For Massachusetts merchants, dual pricing is the compliant path: the card price is the posted price, cash customers pay less, and no prohibited surcharge is ever added. That is the structure FeeSlicers sets up.

Massachusetts surcharge law: common questions

Can a business charge a credit card fee in Massachusetts in 2026?

No. Mass. Gen. Laws ch. 140D, §28A prohibits credit card surcharges in Massachusetts, and the ban is actively enforced.

Is dual pricing (a cash price and a card price) legal in Massachusetts?

Cash discounting IS legal — dual pricing is the compliant Massachusetts structure. Dual pricing applies to both debit and credit cards.

Can a Massachusetts business add a surcharge to debit card payments?

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.

What does Massachusetts require a business to disclose?

Display the regular price; a compliant program posts the card price and discounts for cash.

Want Massachusetts's rules in writing before you change anything?

FeeSlicers sets up compliant dual pricing programs — your card-price customers cover processing, your cash customers pay less, and you pay one flat $40/month. George, a 20-year payments veteran, confirms your state's rules as part of setup.

Start Slicing →

Two minutes to start. No obligation. George takes it from there.

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: Mass. Gen. Laws ch. 140D §28A; MA Division of Banks opinions 08-041, 11-017.

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