State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in Montana? (2026)
Yes — credit card surcharging is legal in Montana. No state law caps it; card-brand rules 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 Montana.
| Credit card surcharging | Legal under card-brand rules |
|---|---|
| Surcharge cap | No state surcharge cap applies to private merchants. 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 and card price) | Legal |
| Governing law | No state surcharge statute — card-brand rules govern |
Dual pricing in Montana
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 Montana when prices are posted the way the checklist below describes.
What to post in Montana
A two-price checklist for Montana 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 Montana: the details
Enforcement
No state surcharge statute applies to private merchants; card-brand rules apply. The 3% figure that appears in industry compilations comes from Mont. Code Ann. § 7-6-617, which caps convenience fees charged by local government entities collecting taxes and fees. It does not apply to merchants.
Disclosure rules for surcharges
Card-brand disclosure rules only: post notice at store entry and point of sale; surcharge shown as a separate line item on the receipt.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: Mont. Code Ann. § 7-6-617; MCA Title 30 ch. 14 reviewed in full.
Questions Montana owners ask
Can a business charge a credit card surcharge in Montana in 2026?
Yes. Montana has no state surcharge statute, so card-brand rules govern: up to 3% on credit cards, never on debit or prepaid, with proper disclosure.
Is dual pricing (a cash price and a card price) legal in Montana?
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 Montana business have to post?
Card-brand disclosure rules only: post notice at store entry and point of sale; surcharge shown as a separate line item on the receipt.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · 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 Montana?
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.