State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in New Jersey? (2026)
Credit card surcharging is legal in New Jersey, 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 New Jersey.
| Credit card surcharging | Legal with state restrictions |
|---|---|
| Surcharge cap | Cannot exceed the seller's actual cost to process the payment. |
| Dual pricing (cash and card price) | Legal |
| Governing law | N.J.S.A. 56:8-156.1 and 56:8-156.2 (P.L. 2023, c.146) |
Dual pricing in New Jersey
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 New Jersey when prices are posted the way the checklist below describes.
What to post in New Jersey
A two-price checklist for New Jersey 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 New Jersey: the details
Enforcement
Enforced — a violation is an unlawful practice under the Consumer Fraud Act; the Division of Consumer Affairs may inspect records.
Disclosure rules for surcharges
Disclose the surcharge up front (invoices and online checkout). Credit cards only; no surcharge on debit or prepaid.
Recent and pending changes
S4107, which would bar surcharges on debit cards and gift cards, passed the Senate on June 18, 2026 and is pending in the Assembly Commerce and Economic Development Committee. Earlier bills A2922/A4923 were introduced but not enacted.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: N.J.S.A. 56:8-156.1/.2 (NJ Legislature / Justia); NJ Division of Consumer Affairs guidance.
Questions New Jersey owners ask
Can a business charge a credit card surcharge in New Jersey in 2026?
Yes, with restrictions. Cannot exceed the seller's actual cost to process the payment.
Is dual pricing (a cash price and a card price) legal in New Jersey?
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 New Jersey business have to post?
Disclose the surcharge up front (invoices and online checkout). Credit cards only; no surcharge on debit or prepaid.
Has New Jersey surcharge law changed recently?
S4107, which would bar surcharges on debit cards and gift cards, passed the Senate on June 18, 2026 and is pending in the Assembly Commerce and Economic Development Committee. Earlier bills A2922/A4923 were introduced but not enacted.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · Montana · Nebraska · Nevada · 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 New Jersey?
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