State law guide · Last verified 2026-08-27
Is Credit Card Surcharging Legal in Minnesota? (2026)
Credit card surcharging is legal in Minnesota, 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 Minnesota.
| Credit card surcharging | Legal with state restrictions |
|---|---|
| Surcharge cap | 5% of the purchase price. |
| Dual pricing (cash and card price) | Legal |
| Governing law | Minn. Stat. §325G.051; §325D.44 as amended by HF3438 (effective January 1, 2025) |
Dual pricing in Minnesota
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 Minnesota when prices are posted the way the checklist below describes.
What to post in Minnesota
A two-price checklist for Minnesota 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 Minnesota: the details
Enforcement
Actively enforced — $500 civil penalty per violation plus refund of the surcharge.
Disclosure rules for surcharges
The surcharge must be reasonably avoidable (a cash alternative available). In person, BOTH oral notice at the time of sale AND conspicuous posted signage are required; online, the surcharge must appear in the subtotal before checkout completes; unavoidable mandatory fees must be built into the advertised price.
Recent and pending changes
HF3438 (2024), 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: Minn. Stat. §325G.051 (MN Revisor); Dorsey analysis (2025).
Questions Minnesota owners ask
Can a business charge a credit card surcharge in Minnesota in 2026?
Yes, with restrictions. 5% of the purchase price.
Is dual pricing (a cash price and a card price) legal in Minnesota?
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 Minnesota business have to post?
The surcharge must be reasonably avoidable (a cash alternative available). In person, BOTH oral notice at the time of sale AND conspicuous posted signage are required; online, the surcharge must appear in the subtotal before checkout completes; unavoidable mandatory fees must be built into the advertised price.
Has Minnesota surcharge law changed recently?
HF3438 (2024), effective January 1, 2025.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · 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 Minnesota?
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.