Surcharge & Dual Pricing Laws · Puerto Rico · Last verified 2026-08-27

Is Credit Card Surcharging Legal in Puerto Rico? (2026)

No — credit card surcharging is banned in Puerto Rico and the ban is actively enforced. Uniquely, even dual pricing is restricted in Puerto Rico — see below.

Puerto Rico at a glance

Credit card surchargingBANNED
Surcharge capN/A — surcharging is prohibited on credit AND debit.
Dual pricing (cash price / card price)RESTRICTED
Governing lawLaws of P.R. tit. 10 §11 (Law 150-2008, as amended by Law 152-2013)
EnforcementActively enforced by the Department of Consumer Affairs (DACO); the First Circuit unanimously upheld the ban in May 2025.

What Puerto Rico requires merchants to disclose

Display the regular price only.

Key rulings

Asociación de Detallistas de Gasolina de Puerto Rico v. Commonwealth, No. 24-1188 (1st Cir., May 29, 2025) — the ban was upheld against federal-preemption challenges.

Dual pricing vs. surcharging in Puerto Rico

Puerto Rico is the one U.S. jurisdiction where even dual pricing/cash discounting is restricted — the cash-discount safe harbor was repealed in 2013, and the 2025 First Circuit ruling left the restriction intact. FeeSlicers does not set up dual pricing or surcharge programs for Puerto Rico merchants.

Because Puerto Rico restricts both approaches, FeeSlicers does not currently set up programs for Puerto Rico merchants.

Puerto Rico surcharge law: common questions

Can a business charge a credit card fee in Puerto Rico in 2026?

No. Laws of P.R. tit. 10 §11 (Law 150-2008, as amended by Law 152-2013) prohibits credit card surcharges in Puerto Rico, and the ban is actively enforced.

Is dual pricing (a cash price and a card price) legal in Puerto Rico?

Puerto Rico is the one U.S. jurisdiction where even dual pricing/cash discounting is restricted — the cash-discount safe harbor was repealed in 2013, and the 2025 First Circuit ruling left the restriction intact. FeeSlicers does not set up dual pricing or surcharge programs for Puerto Rico merchants.

Can a Puerto Rico business add a surcharge to debit card payments?

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.

What does Puerto Rico require a business to disclose?

Display the regular price only.

Want Puerto Rico's rules in writing before you change anything?

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: Laws of P.R. tit. 10 §11; 1st Cir. No. 24-1188 (May 29, 2025).

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