Credit Card Surcharge Rules for Law Firms 101 | LawPay (2024)

With clients preferring credit card payment options over cash and debit, credit card surcharges have become an attractive model for legal professionals to offset processing fees at their firms. However, credit card surcharge laws vary by state and require considerable research before implementing them in your practice.

In this article, we’ll explain everything you need to know about credit card surcharges, including which states allow them (and which do not), how to implement them, and the regulations that must be followed.

What Is a Credit Card Surcharge?

Each time a merchant accepts and processes a credit card transaction, they pay a processing fee to the appropriate financial institution. A credit card surcharge (or cc surcharge) is a fee enforced by the merchant to compensate for some of the cost of payment processing. This fee can only apply to credit cards—and never debit, even when a debit card is run like a credit.

Credit card surcharges are often confused with convenience fees, but there are significant distinctions between the two. Unlike surcharges, convenience fees can apply to both debit and credit card payments. A convenience fee simply reflects the acceptance of non-standard payment methods for the customer’s convenience.

As for calculating the fee, surcharges are predominantly percentage-based. However, merchants may charge a flat fee if they so choose. Convenience fees, on the other hand, are always a flat rate.

Let’s look at an example.

Imagine a local dentist’s office that typically processes in-person payments. If a patient requests to pay over the phone, the office may implement a convenience fee of $1.95.

Now, in the same office, a credit card surcharge may look like this:

When the patient chooses to pay with credit, their bill will reflect a 2% cc surcharge for services rendered. The patient is made aware of the surcharge and the fee is calculated from the total cost.

Are Credit Card Surcharges Legal?

If you’re wondering if it is legal to charge credit card fees, the short answer is yes.

The practice of surcharging was outlawed for several decades until 2013 when a class action lawsuit permitted merchants in several U.S. states to implement surcharges in their businesses.

This lawsuit sparked a chain reaction in the following years as more states adopted a pro-surcharging stance. Proponents of surcharging have argued that anti-surcharging laws drive up prices for goods and services across the board and, in some cases, may even be a violation of the First Amendment.

Credit Card Surcharge Laws by State

The legal landscape of credit card surcharging fluctuates, but as of July 2022, credit card surcharging is legal in 48 states.

Colorado is the newest state to legalize surcharging and caps surcharge rates at 2%.

States Where Credit Card Surcharges Are Legal

States A-LStates M-OStates P-Z
AlabamaMainePennsylvania
AlaskaMarylandRhode Island
ArizonaMichiganSouth Carolina
ArkansasMinnesotaSouth Dakota
CaliforniaMississippiTennessee
ColoradoMontanaTexas
DelawareNebraskaUtah
FloridaNevadaVermont
GeorgiaNew HampshireVirginia
HawaiiNew JerseyWashington
IdahoNew MexicoWest Virginia
IllinoisNew YorkWisconsin
IndianaNorth CarolinaWyoming
IowaNorth Dakota
KansasOhio
KentuckyOklahoma
LouisianaOregon

States Where Credit Card Surcharges Are Illegal

Currently, credit card surcharging is illegal in the following states:

  • Connecticut
  • Massachusetts

Puerto Rico also outlaws merchants from imposing surcharges.

For a state-by-state recap and resource directory of attorney generals, visit this credit card surcharge list by state.

Credit Card Surcharging Rules

Major credit card institutions set forth rules and regulations for merchants to follow when implementing surcharges. While there are slight variations among brands, general rules remain universal.

Below, we'll break down the most common rules for legal professionals to follow when executing surcharges at their firm.

Notify the Credit Card Institution

You must notify—in writing—major credit card institutions about your intent to surcharge. You may write a letter to your financial account representative or file paperwork provided on the credit card's website.

If you use a legal payment solution for credit card processing, like LawPay, support teams can handle the notification process on your behalf, saving you a step in the process.

Notify Your Clients

Your clients must also be made aware of your intention to surcharge. This must be written out plainly, not immersed within a lengthy contract or disguised by the fine print.

You may accomplish this by including the cc surcharge on your invoice or displaying a sign at your office. If you're using an online payment solution, this notice should be automatically included on your payment page.

Ultimately, the credit card surcharge cost is passed to the client, so it is crucial to communicate your process effectively to ensure a smooth process and positive client experience.

Do Not Surcharge More Than the Cost of Your Processing Fee

This rule stipulates that you cannot use surcharging as a means to make a profit. A surcharge cannot exceed 3%.

Colorado is the one exception to this rule. Merchants in this state may either (1) surcharge a maximum of 2% or (2) charge the actual cost the company pays for credit processing. When the second option applies, the surcharge could surpass the 2% cap.

To learn more about specific stipulations in Colorado, this article details CO Credit Card Surcharge Laws.

Do Not Implement Surcharges on Debit Card Transactions

Surcharge fees are strictly limited to credit card transactions only. Even if a client wishes to run a signature debit transaction, where a debit card is processed as a credit transaction, you are still not allowed to implement a surcharge.

Surcharges are also not applicable to prepaid cards.

List Surcharges as Separate Line Items

When drafting an invoice and tallying up transactions, you cannot add the surcharge to the total cost of the service. Each surcharge must be listed separately on your invoice and labeled clearly.

This practice reinforces transparency and makes it clear to clients that they are being charged an additional fee for using a credit card. It also simplifies the reconciliation process for lawyers, as it allows for easy tracking and recording of processing fees.

Simplify Surcharge Implementation with a Legal Payment Processor

Surcharge compliance is ever-changing and anything but simple to navigate. But it doesn't have to be a point of stress for your firm.

Legal payment processors can alleviate the burden of surcharge compliance by helping your practice to follow the latest rules and regulations and debunking any credit card myths that might arise.

At LawPay, we're committed to ethical and secure credit card processing for law firms. Whether you prefer to charge in-person or online (by computer, tablet, or mobile phone), we'll help you give clients more options to pay—with each method adhering to credit card surcharge laws.

With the LawPay mobile app, you can also accept card payments and stay compliant on the go. Just swipe, tap, or scan a card, and watch client satisfaction soar as they enjoy meeting at a convenient location and appreciate the flexibility of your firm.

To learn more ways LawPay can help implement surcharges at your firm, schedule a demo today!

Credit Card Surcharge Rules for Law Firms 101 | LawPay (2024)

FAQs

Should law firms charge a credit card processing fee? ›

Currently, eleven states prohibit merchants – and this includes law firms – from pinning a surcharge onto credit card transactions. These states include California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, and Texas, as well as Puerto Rico.

What is an acceptable credit card surcharge? ›

Average costs for different payment types

Visa and Mastercard debit: between 0.5% and 1% Visa and Mastercard credit: between 1% and 1.5%.

What are the Visa surcharge rules for 2023? ›

Starting on April 15th, 2023, merchants in the United States will be restricted to surcharge customers to a 3% cap for those who pay with Visa credit cards.

How do you explain credit card surcharges? ›

Surcharging is the act of charging an additional fee on credit card transactions with the purpose of recouping losses suffered by payment processing fees. Typically, these fees are about 4 percent of the transaction, though this can vary depending on how much you're paying for processing.

What states is it illegal to charge a credit card processing fee? ›

States that prohibit credit card surcharges and convenience fees. Ten states prohibit credit card surcharges and convenience fees: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas.

Who should pay credit card processing fees? ›

Credit card processing fees are paid by the vendor, not by the consumer. Businesses can pay credit card processing fees to the buyer's credit card issuer, to their credit card network and to the payment processor company. On average, credit card processing fees can range between 1.5% and 3.5%.

Is 2% charge on credit card legal? ›

According to RBI, such extra fee is not justifiable and not permissible as per the bilateral agreement between the acquiring bank and the merchants. The incident should be reported to the card issuing bank.

How to beat credit card surcharge? ›

Here are some tips that might help you:
  1. Consider using cash for your purchases - and if you withdraw cash from an ATM, look for one that does not charge you a fee to do so.
  2. If you have a debit card that can be used as either a credit or debit card, select "savings" instead of "credit".
Aug 8, 2022

How do you avoid a surcharge fee? ›

As a consumer, you have options to avoid surcharges. These include using cash instead of a credit card to make a purchase, or using a debit card, for which surcharges cannot be applied. You can also choose to shop at businesses that do not charge these fees.

Which states prohibit visa surcharge? ›

As of January 2023, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

What is the limit of surcharge on visa? ›

All states but Massachusetts and Connecticut allow surcharging. “Visa's move from 4% to a 3% surcharge limit will encourage more merchants to move to a true cash discount or other programs [from] surcharge offerings on purchases.

Did US Embassy extend visa fee validity to 2023? ›

These fee increases are effective as of May 30, 2023. The application fee for visitor visas for business or tourism (B1/B2s) and other non-petition based NIVs, such as student and exchange visitor visas, has increased from $160 to $185.

What is the difference between a charge and a surcharge? ›

A convenience fee is a fee charged by a merchant in association with the payment method (keyed, online, in person). A surcharge fee, on the other hand, is only charged for a specific card type (such as credit card) but is removed if an alternative card type is chosen (such as debit card.)

How do you calculate surcharge? ›

If you surcharge each card's rate according to its exact fee (called dynamic surcharging), multiply that card's specific rate and multiply it by the order value.

Can you dispute a credit card surcharge? ›

Whether there's an error, fraudulent charge or dissatisfaction with the goods or services provided, you have the right as a consumer to dispute a credit card charge. Credit card charges can be disputed by calling the card issuer, and some credit cards allow you to submit disputes online or by mail.

Can a company legally charge your credit card without authorization? ›

No billing without permission

Credit cardholders should be reassured first of all that nobody can charge your card without your permission. They need to get your authorization first. This holds true whether you are paying in a mobile transaction or any other online “card not present” mode.

What is the difference between a credit card surcharge and a convenience fee? ›

A surcharge is not a convenience fee. A convenience fee is levied by a merchant for offering customers the privilege of paying with an alternative non-standard payment method. Merchants can process convenience fees in all 50 states. A surcharge is levied by a merchant for customer purchases made with a credit card.

How do I offset credit card processing fees? ›

A quick strategy for how to offset credit card processing fees
  1. Lower operating expenses.
  2. Increase sticker prices.
  3. Set a minimum for using a credit card.
  4. Avoid manual entering of credit card info (this leads to higher fees)
  5. Negotiate with your credit card processor.
  6. Find a cheaper payment processor.

What is a standard credit card processing fee? ›

The average credit card processing fee ranges between 1.5% and 3.5%. Just where do all these fees come from, and what can a merchant do to minimize them?

Can you pass payment processing fees to customers? ›

Passing transaction fees to customers can be done in many ways. Some of the methods are direct, while others are not. For example, adding a surcharge to credit card payments to cover transactional fees is a direct method. But giving your customers an incentive to pay with cash is an indirect strategy.

Why are card processing fees so high? ›

Merchant fees are so high because credit card processing companies often inflate their charges. Processors also charge extra fees and unnecessary fees, adding to the total cost of a merchant's monthly statement. For example, let's say a customer buys food at a restaurant using a Visa rewards card.

Is it illegal to charge 3% credit card fee? ›

Are Credit Card Surcharges Legal? If you're wondering if it is legal to charge credit card fees, the short answer is yes. The practice of surcharging was outlawed for several decades until 2013 when a class action lawsuit permitted merchants in several U.S. states to implement surcharges in their businesses.

How do I avoid 2% charge on my credit card? ›

How to Avoid Finance Charges. The easiest way to avoid finance charges is to pay your balance in full and on time every month. Credit cards are required to give you what's called a grace period, which is the span of time between the end of your billing cycle and when the payment is due on your balance.

What can you do if a merchant is charging 2% on card payment? ›

You can complaint about it to the bank who issued POS device to them/consumer forum near you. It's compulsory to show the sign that they are accepting cards if they do possess the POS device and accept it without any charges.

How do I mask my credit card charges? ›

One way to go about hiding your purchases is by using a cash or gift card. You can purchase these gift cards using your credit card and they basically serve the same function as a debit or prepaid card. The difference is that a gift card isn't under your name, unlike a credit card, debit card or prepaid card.

Does Amex allow surcharging? ›

There are plenty of places that will accept American Express Cards without surcharging. However, if there's a business that specifically surcharges American Express payments, you can notify our Customer Card Professionals by calling the number on the back of your Card.

What is the no surcharge rule? ›

Under the no-surcharge rule, the customer chooses the level of credit card transactions according to their [sic] own marginal costs and benefits. They [sic] ignore the marginal costs and benefits of credit card purchases to the merchant. Hence, no-surcharge rules substitute one mechanism for the other.

What is surcharge conditions? ›

Surcharge Conditions means the conditions that exist when the wastewater surface within a manhole rises above the top of the sewer, or the separate sanitary sewer is full and under pressure, rather than at atmospheric pressure and less than completely full.

Does visa allow surcharges? ›

Itemization of the final surcharge amount must be identified separately on the transaction receipt. Visa remains opposed to surcharging, a practice that penalizes cardholders for using their preferred form of payment. a surcharge above 3%.

Does drunk and drive affect US visa? ›

An arrest for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) may have serious consequences for your immigration status, even if the case is dismissed. A mere arrest may lead to the revocation of your visa, or a finding that you are inadmissible to the US.

What is 10 year US visa ban? ›

"Individuals who remain in the U.S. without authorization for more than 12 months and then depart are barred from re-entering through any legal channel for at least 10 years."

Which countries are visa free close to USA? ›

Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom, and Vatican City.

What does 100% surcharge mean? ›

As you may know, some trucking companies offer 100 percent fuel surcharges. That means you as the driver get the entirety of the surcharge!

What does 25% surcharge mean? ›

A surcharge — or additional charge — is essentially a tax levied on a tax. It is calculated on payable tax, not on income generated. So a surcharge of, say, 10 per cent on an existing tax rate of 30 per cent effectively raises the total tax rate to 33%.

What is the surcharge on international transactions? ›

A foreign transaction (FX) fee is a surcharge on your credit card bill that appears when you make a purchase that either passes through a foreign bank or is in a currency other than the U.S. dollar (USD). This fee is charged by many credit card issuers, typically ranging from 1% to 3% of the transaction.

Is it illegal to stay in the U.S. after visa expires? ›

A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.

Can I renew my US visa 4 months before it expires? ›

You do not have to wait until your current visa expires. You can apply for a new visa even if your current visa is valid.

How many times can I extend my visa in USA? ›

Usually, an extension will be given for the duration you ask and give justification for. However, the maximum duration for an extension you can ask for is 6 months. Also, you cannot apply for a visitor visa extension as many times as you want. The maximum you can stay on a B1/B2 visa is 1 year.

How do you explain surcharges to customers? ›

“Because our customers are important to us, we want to make sure they receive the best quality products. To do that, we need to charge this surcharge on top of our regular prices to cover the cost of improving our products.”

Is it illegal to charge a surcharge on a debit card? ›

U.S. merchants cannot surcharge debit card or prepaid card purchases.

What is a short sentence for surcharge? ›

Verb contends that with the present tax structure, the state's lower-income residents are being surcharged and the wealthiest residents are getting off too lightly Noun The airline has added a $20 fuel surcharge on all international flights.

How do you calculate 3% surcharge? ›

Answer: To calculate a 3% processing fee, multiply the total transaction amount by 0.03. For example, if the transaction amount is $100, the processing fee would be $3 (100 x 0.03 = 3).

How much should a surcharge be? ›

The definition of surcharging

Typically, these fees are about 4 percent of the transaction, though this can vary depending on how much you're paying for processing.

How do you calculate surcharge in Excel? ›

Where cell B1 contains the total income amount and cell B2 contains the tax amount.
  1. Excel formula to compute the Surcharge on Total Income with marginal relief:
  2. =MIN(0.7*(B1-10000000),0.12*(B2))
Jun 18, 2020

Can companies add a credit card surcharge? ›

Adding a credit card surcharge is currently legal in all but two states and one United States territory. Merchants must also follow all surcharging requirements imposed by the credit card associations (Mastercard, Visa, American Express, and Discover).

Are businesses allowed to charge a surcharge for using a credit card? ›

There is no prohibition for credit card surcharges and no statute on discounts for different payment methods. Sellers may impose a credit card surcharge of no more than 5 percent of the purchase price. Surcharges must be clearly posted and communicated before payment.

How do you disclose a credit card surcharge? ›

Credit card surcharges must be disclosed before purchase. Most credit card companies require merchants to disclose credit card surcharges in online transactions, on a sign at the store's point of entry and point of sale, and on the receipt.

Is it legal to charge customers a processing fee? ›

In most states, companies can legally add a surcharge to your bill if you pay with a credit card. The fee might be a certain percentage on top of the purchase amount, which the companies can use to cover their credit card processing costs.

Can law firms charge clients for credit card fees in California? ›

An attorney may ethically accept payment of earned fees from a client by credit card. In doing so, however, the attorney must discharge his or her duty of confidentiality.

Are processing fees negotiable? ›

Markups (Negotiable)

It's the only area of credit card processing expense that you can negotiate. The processing markup includes the processor's rates, credit card transaction fees, monthly fees, and any fees associated with software, gateways or processing equipment. That is, any fees that the processor can control.

Why do I have to pay a processing fee? ›

It pays for merchant account equipment and software: A merchant account must process payments from customers. This comes with equipment used for accepting credit card transactions. A processing fee covers the cost of these items and the software needed to run them.

What states is it illegal to surcharge? ›

To date, only two states and one jurisdiction still outlaw the use of credit card surcharges. They are a result of non-qualified transactions of different communications methods.: Connecticut, Massachusetts, and Puerto Rico.

What is the difference between a surcharge and a convenience fee? ›

A surcharge is not a convenience fee. A convenience fee is levied by a merchant for offering customers the privilege of paying with an alternative non-standard payment method. Merchants can process convenience fees in all 50 states. A surcharge is levied by a merchant for customer purchases made with a credit card.

How much can you charge for a processing fee? ›

The average credit card processing fee ranges between 1.5% and 3.5%. Just where do all these fees come from, and what can a merchant do to minimize them?

Which law limits how credit card companies can charge consumers? ›

The CARD Act, as it's more commonly known, is a major piece of federal legislation that regulates credit card issuers in the U.S. It expanded the Truth in Lending Act by adding transparency related to credit cards terms and conditions and placing limits on certain fees and interest charges credit card customers ...

How can I avoid surcharge on my credit card? ›

Consider using cash for your purchases - and if you withdraw cash from an ATM, look for one that does not charge you a fee to do so. If you have a debit card that can be used as either a credit or debit card, select "savings" instead of "credit".

How do I avoid payment processing fees? ›

5 ways to lower your credit card processing fees
  1. Negotiate with credit card processors to lower fees. ...
  2. Reduce the risk of credit card fraud to lower fees. ...
  3. Use an address verification service to lower fees. ...
  4. Set up your account and terminal properly to lower fees. ...
  5. Consult with a credit card processing expert to lower fees.
May 24, 2023

How do you explain processing fees? ›

To put it simply, a processing fee is a pre-set amount that a business pays every time a customer uses a credit or debit card to pay for their goods or services. The processing fee can be split into two parts: the interchange. The fees charged by the Issuer to the Acquirer. fee and the assessment fee.

How do you charge customers credit card processing fees? ›

Convenience fees can be a fixed dollar amount or a percentage of the transaction amount (usually 2 to 3 percent) and must be disclosed to the customer in advance. Ways to charge credit card fees to your customers: Add a line item for credit card surcharge to the invoice and add a standard amount to each invoice.

What 2 actions trigger penalty rates on credit cards? ›

Bottom Line: Making late payments or using all of your available credit can trigger a penalty APR, both of which can hurt your credit score.

Top Articles
Latest Posts
Article information

Author: Nathanael Baumbach

Last Updated:

Views: 5598

Rating: 4.4 / 5 (75 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Nathanael Baumbach

Birthday: 1998-12-02

Address: Apt. 829 751 Glover View, West Orlando, IN 22436

Phone: +901025288581

Job: Internal IT Coordinator

Hobby: Gunsmithing, Motor sports, Flying, Skiing, Hooping, Lego building, Ice skating

Introduction: My name is Nathanael Baumbach, I am a fantastic, nice, victorious, brave, healthy, cute, glorious person who loves writing and wants to share my knowledge and understanding with you.