State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in Nebraska? (2026)
Yes — credit card surcharging is legal in Nebraska. 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 Nebraska.
| 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 Nebraska
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 Nebraska when prices are posted the way the checklist below describes.
What to post in Nebraska
A two-price checklist for Nebraska 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 Nebraska: the details
Enforcement
No state surcharge statute applies to private merchants; card-brand rules apply. The 'cost of acceptance' limit cited in industry compilations is the language of Neb. Rev. Stat. §§ 81-118.01 and 13-609, which govern state agencies and political subdivisions accepting card payments. Neither applies 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: Neb. Rev. Stat. § 81-118.01; Neb. Rev. Stat. § 13-609; Neb. Rev. Stat. § 87-302.
Questions Nebraska owners ask
Can a business charge a credit card surcharge in Nebraska in 2026?
Yes. Nebraska 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 Nebraska?
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 Nebraska 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 · Montana · 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 Nebraska?
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