July 11, 2025
Passed last year, the “Credit Card Surcharge Law” limits credit card surcharges to the amount charged to the business by the credit card company, among other changes.
Last year, New York implemented the “Credit Card Surcharge Law.” This legislation limits credit card surcharges to the amount charged to the business by the credit card company, requires businesses to post the total price of an item or service inclusive of the credit card surcharge; or a two-tiered pricing option, which requires the credit card price to be posted alongside the cash price before checkout, and allows businesses to advertise a cash discount.
Simply put, businesses must:
- Charge ONLY the surcharge charged by the credit card company; and
- Clearly display the total price, inclusive of the surcharge percentage(business are not allowed to add on a credit card surcharge at the end of a transaction); or
- Display the “two tier” option; the total sale price, including the credit card fee, and what the cost would with a cash discount; or
- Use the same price for cash and credit purchases.
Additionally, businesses can no longer simply display a sign saying a fee is applied to all credit card sales. Business found in violation of the law could face a civil penalty of $500 for every violation.
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NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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