Surcharge & Dual Pricing Laws · New York · Last verified 2026-08-27
Credit card surcharging is legal in New York, 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 York.
| Credit card surcharging | LEGAL WITH RESTRICTIONS |
|---|---|
| Surcharge cap | The merchant's cost of acceptance, not to exceed the card-brand cap. |
| Dual pricing (cash price / card price) | LEGAL |
| Governing law | N.Y. Gen. Bus. Law §518 (rewritten by S1048A/A2672B, effective February 11, 2024) |
| Enforcement | Actively enforced — $500 civil penalty per violation (replacing the prior criminal misdemeanor), by the Attorney General and local consumer-affairs offices. |
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.
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.
2024 amendment in force.
Dual pricing (posting a card price and a lower cash price) is legal.
Many New York 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. The merchant's cost of acceptance, not to exceed the card-brand cap.
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.
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.
2024 amendment in force.
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.
Start Slicing →Two minutes to start. No obligation. George takes it from there.
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.Y. GBL §518 (NY Senate); Expressions Hair Design v. Schneiderman, 581 U.S. 37 (2017).