State law guide · Last verified 2026-08-27
Is Credit Card Surcharging Legal in Virginia? (2026)
Yes — credit card surcharging is legal in Virginia. No state law caps it; card-brand rules limit surcharges to 3% on credit cards and never allow them on debit or prepaid cards. Dual pricing — posting a card price and a lower cash price — is legal in Virginia.
| Credit card surcharging | Legal under card-brand rules |
|---|---|
| Surcharge cap | No state cap. Card-brand rules govern (lesser of 3% Visa/Discover cap or merchant's cost of acceptance; Mastercard 4% ceiling rarely operative). Debit and prepaid cards can never be surcharged. |
| Dual pricing (cash and card price) | Legal |
| Governing law | Va. Code §59.1-608 (SB1212, effective July 1, 2025) |
Dual pricing in Virginia
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 Virginia when prices are posted the way the checklist below describes.
What to post in Virginia
A two-price checklist for Virginia 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 Virginia: the details
Enforcement
Enforced under the Virginia Consumer Protection Act.
Disclosure rules for surcharges
Sellers must clearly and conspicuously disclose any surcharge or mandatory fee as part of the total transaction price, plus card-brand disclosure rules.
Recent and pending changes
SB1212 took effect July 1, 2025.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: Va. Code §59.1-608 (LIS); Stinson LLP analysis (2025).
Questions Virginia owners ask
Can a business charge a credit card surcharge in Virginia in 2026?
Yes. No Virginia law caps surcharges, so card-brand rules govern: up to 3% on credit cards, never on debit or prepaid, with proper disclosure.
Is dual pricing (a cash price and a card price) legal in Virginia?
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 Virginia business have to post?
Sellers must clearly and conspicuously disclose any surcharge or mandatory fee as part of the total transaction price, plus card-brand disclosure rules.
Has Virginia surcharge law changed recently?
SB1212 took effect July 1, 2025.
Other states with their own rules: California · Colorado · Connecticut · Florida · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · Montana · Nebraska · Nevada · New Jersey · New York · North Carolina · Oklahoma · Puerto Rico · Rhode Island · South Dakota · Texas · 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 Virginia?
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.