Who this applies to: Read this if you are a business owner who accepts credit card payments.
As credit card processing costs continue to rise, many businesses are looking for ways to recover these expenses without significantly affecting profitability. Surcharging, which allows a business to add a fee when a customer pays by credit card, is one option. Dual pricing, which gives customers a choice between a lower cash price and a higher card price, is a second option. Business owners must weigh each option carefully to determine what will best suit their needs.
Surcharging: What you need to know
Most states allow businesses to add a surcharge for credit card payments, provided they comply with card network rules and applicable disclosure requirements. However, surcharging is prohibited or significantly restricted in certain jurisdictions, including Connecticut, Massachusetts, Puerto Rico, and potentially Maine. Several other states, including California, Colorado, New York, Minnesota, New Jersey, Nevada, and Texas, have additional requirements or restrictions that businesses should review before implementing a surcharge. Because surcharge laws continue to evolve through legislation, regulation, and court decisions, businesses should confirm current state requirements before moving forward.
Regardless of state, several card network rules apply. Debit card transactions can never be surcharged. Any surcharge must not exceed the merchant’s actual cost of processing the transaction and is generally capped by the card networks. Businesses must also clearly disclose the surcharge before payment is completed and confirm that their Point-of-Sale (POS) system can properly distinguish between credit and debit card transactions. If your business operates in a state where surcharging is prohibited or heavily regulated, a dual-pricing model may be a viable alternative.
What is dual pricing?
Dual pricing presents customers with two prices upfront: a lower cash price and a higher card price that reflects the cost of card acceptance. Unlike surcharging, no additional fee is added at checkout. Instead, both prices are disclosed before the customer makes a purchasing decision, allowing the customer to choose their preferred payment method.
Dual pricing is generally permitted throughout the United States when implemented as a properly disclosed cash-discount program. Businesses should work with their processor and legal counsel to ensure compliance with applicable laws, card-brand rules, and disclosure requirements.
Best practices for dual pricing compliance
- Establish the card price as the posted price and offer a clearly labeled cash discount.
- Display both prices prominently on shelves, menus, websites, and other customer-facing materials before checkout.
- Use consistent signage at entrances, checkout areas, and on receipts.
- Ensure receipts clearly show the transaction amount and any applicable cash discount.
- Utilize POS software designed to support compliant dual-pricing programs.
- Train employees to explain the pricing structure consistently and accurately.
Customers should always be able to understand the price they are paying and how their choice of payment method affects the final transaction amount.
Addressing rising credit card processing costs
As credit card processing costs continue to rise, many businesses are looking for ways to manage these expenses without significantly impacting profitability. Both surcharging and dual pricing can help offset processing costs, but each approach comes with specific legal and operational requirements. The key to a successful program is transparency: customers should clearly understand their options and pricing before making a purchase. By working closely with your payment processor, reviewing applicable state laws, and communicating openly with customers, businesses can implement a compliant solution that balances cost recovery with a positive customer experience.
State laws change frequently. Please consult the most current laws for up-to-date information.
Key takeaways
- Compare surcharging and dual pricing before choosing a way to recover credit card processing costs.
- Review state laws, card network rules, and disclosure requirements before adding a credit card surcharge.
- Confirm that your point-of-sale system can distinguish between credit and debit card transactions.
- Disclose cash and card prices clearly before checkout so customers understand payment-related costs.
- Train employees to explain the pricing structure consistently and accurately.
About BerryDunn
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