State law guide · Last verified 2026-08-27
Is Credit Card Surcharging Legal in New York? (2026)
Credit card surcharging is legal in New York, 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 York.
| Credit card surcharging | Legal with state restrictions |
|---|---|
| Surcharge cap | The merchant's cost of acceptance, not to exceed the card-brand cap. |
| Dual pricing (cash and card price) | Legal |
| Governing law | N.Y. Gen. Bus. Law §518 (rewritten by S1048A/A2672B, effective February 11, 2024) |
Dual pricing in New York
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 York when prices are posted the way the checklist below describes.
What to post in New York
A two-price checklist for New York 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.
- New York: New York requires the total card price to be clearly and conspicuously posted before payment, and online before checkout. A two-price posting that shows the card price satisfies this; a cash price alone does not.
Surcharging in New York: the details
Enforcement
Actively enforced — $500 civil penalty per violation (replacing the prior criminal misdemeanor), by the Attorney General and local consumer-affairs offices.
Disclosure rules for surcharges
The TOTAL card price, inclusive of any surcharge, must be clearly and conspicuously posted before payment. Merchants may post both a cash and a card price, or the card price alone — but may NOT post only a cash price and add a fee at the register. Online, the card price must be visible before checkout.
Key rulings
Expressions Hair Design v. Schneiderman, 581 U.S. 37 (2017), treated the prior law as a price-display regulation; the 2024 rewrite codified the display rule.
Recent and pending changes
2024 amendment in force.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: N.Y. GBL §518 (NY Senate); Expressions Hair Design v. Schneiderman, 581 U.S. 37 (2017).
Questions New York owners ask
Can a business charge a credit card surcharge in New York in 2026?
Yes, with restrictions. The merchant's cost of acceptance, not to exceed the card-brand cap.
Is dual pricing (a cash price and a card price) legal in New York?
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 York business have to post?
The TOTAL card price, inclusive of any surcharge, must be clearly and conspicuously posted before payment. Merchants may post both a cash and a card price, or the card price alone — but may NOT post only a cash price and add a fee at the register. Online, the card price must be visible before checkout. New York requires the total card price to be clearly and conspicuously posted before payment, and online before checkout. A two-price posting that shows the card price satisfies this; a cash price alone does not.
Has New York surcharge law changed recently?
2024 amendment in force.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · Montana · Nebraska · Nevada · New Jersey · 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 York?
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.