Surcharge & Dual Pricing Laws · Minnesota · Last verified 2026-08-27
Credit card surcharging is legal in Minnesota, but with state-specific 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 RESTRICTIONS |
|---|---|
| Surcharge cap | 5% of the purchase price. |
| Dual pricing (cash price / card price) | LEGAL |
| Governing law | Minn. Stat. §325G.051; §325D.44 as amended by HF3438 (effective January 1, 2025) |
| Enforcement | Actively enforced — $500 civil penalty per violation plus refund of the surcharge. |
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.
HF3438 (2024), effective January 1, 2025.
Dual pricing (posting a card price and a lower cash price) is legal.
Many Minnesota merchants choose dual pricing over surcharging because it covers both debit and credit and sidesteps the state's surcharge-specific caps and disclosure mechanics. Where a surcharge program fits better, it must follow the rules above exactly.
Yes, with restrictions. 5% of the purchase price.
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.
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.
HF3438 (2024), 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: Minn. Stat. §325G.051 (MN Revisor); Dorsey analysis (2025).