Surcharge & Dual Pricing Laws · New Jersey · Last verified 2026-08-27
Credit card surcharging is legal in New Jersey, 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 New Jersey.
| Credit card surcharging | LEGAL WITH RESTRICTIONS |
|---|---|
| Surcharge cap | Cannot exceed the seller's actual cost to process the payment. |
| Dual pricing (cash price / card price) | LEGAL |
| Governing law | N.J.S.A. 56:8-156.1 and 56:8-156.2 (P.L. 2023, c.146) |
| Enforcement | Enforced — a violation is an unlawful practice under the Consumer Fraud Act; the Division of Consumer Affairs may inspect records. |
Disclose the surcharge up front (invoices and online checkout). Credit cards only; no surcharge on debit or prepaid.
Bills that would bar retail-establishment surcharges (A2922/A4923) have been introduced but not enacted.
Dual pricing (posting a card price and a lower cash price) is legal.
Many New Jersey 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. Cannot exceed the seller's actual cost to process the payment.
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.
Disclose the surcharge up front (invoices and online checkout). Credit cards only; no surcharge on debit or prepaid.
Bills that would bar retail-establishment surcharges (A2922/A4923) have been introduced but not enacted.
FeeSlicers sets up compliant dual pricing programs — your card-price customers cover processing, your cash customers pay less, and you pay one flat $40/month. George, a 20-year payments veteran, confirms your state's rules as part of setup.
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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: N.J.S.A. 56:8-156.1/.2 (NJ Legislature / Justia); NJ Division of Consumer Affairs guidance.