Surcharge & Dual Pricing Laws · Virginia · Last verified 2026-08-27
Yes — credit card surcharging is legal in Virginia. There is no state-specific cap; card-brand rules apply, which 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 price / card price) | LEGAL |
| Governing law | Va. Code §59.1-608 (SB1212, effective July 1, 2025) |
| Enforcement | Enforced under the Virginia Consumer Protection Act. |
Sellers must clearly and conspicuously disclose any surcharge or mandatory fee as part of the total transaction price, plus card-brand disclosure rules.
SB1212 took effect July 1, 2025.
Dual pricing (posting a card price and a lower cash price) is legal.
Virginia merchants can run either program. Dual pricing covers both debit and credit and requires no surcharge registration; surcharging (flat 3%, credit only) works well for credit-heavy businesses. The right fit depends on your card mix.
Yes. Virginia has no state surcharge statute, so card-brand rules govern: up to 3% on credit cards, never on debit or prepaid, with proper disclosure.
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.
Sellers must clearly and conspicuously disclose any surcharge or mandatory fee as part of the total transaction price, plus card-brand disclosure rules.
SB1212 took effect July 1, 2025.
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: Va. Code §59.1-608 (LIS); Stinson LLP analysis (2025).