State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in Massachusetts? (2026)
No — credit card surcharging is banned in Massachusetts, and the ban is enforced. Dual pricing — posting a card price and a lower cash price — is legal in Massachusetts.
| Credit card surcharging | Banned |
|---|---|
| Surcharge cap | N/A — surcharging is prohibited. |
| Dual pricing (cash and card price) | Legal |
| Governing law | Mass. Gen. Laws ch. 140D, §28A |
Dual pricing in Massachusetts
Cash discounting IS legal — dual pricing is the compliant Massachusetts structure.
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 Massachusetts when prices are posted the way the checklist below describes.
What to post in Massachusetts
A two-price checklist for Massachusetts 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.
- Massachusetts: Massachusetts allows cash discounts from the regular (card) price. Post the card price; show cash as the discount.
Surcharging in Massachusetts: the details
Enforcement
Actively enforced — Attorney General enforcement plus private suits under Chapter 93A; Division of Banks opinions 08-041 and 11-017.
Disclosure rules for surcharges
Display the regular price; a compliant program posts the card price and discounts for cash.
Recent and pending changes
S.2819 would have replaced the ban in G.L. c. 140D § 28A with a cost-based cap plus disclosure requirements. It received a favorable committee report on January 7, 2026 but never passed a chamber; formal sessions of the 194th General Court ended July 31, 2026. Expect refiling. The ban remains in force.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: Mass. Gen. Laws ch. 140D §28A; MA Division of Banks opinions 08-041, 11-017.
Questions Massachusetts owners ask
Can a business charge a credit card surcharge in Massachusetts in 2026?
No. Mass. Gen. Laws ch. 140D, §28A prohibits credit card surcharges in Massachusetts, and the ban is 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. One card price covers both credit and debit cards.
What does a Massachusetts business have to post?
Display the regular price; a compliant program posts the card price and discounts for cash. Massachusetts allows cash discounts from the regular (card) price. Post the card price; show cash as the discount.
Has Massachusetts surcharge law changed recently?
S.2819 would have replaced the ban in G.L. c. 140D § 28A with a cost-based cap plus disclosure requirements. It received a favorable committee report on January 7, 2026 but never passed a chamber; formal sessions of the 194th General Court ended July 31, 2026. Expect refiling. The ban remains in force.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · 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 Massachusetts?
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.