Compliance · Colorado
Credit Card Surcharge Laws in Colorado (2026 Guide)
Credit card surcharging is legal in Colorado, but state rules add requirements on top of the card network baseline.
Is it legal to surcharge credit cards in Colorado?
Yes, with Colorado-specific rules (C.R.S. § 5-2-212). Colorado allows a surcharge of up to 2% of the total, or the merchant discount fee if lower. No surcharge on cash, check, debit, a payment processed as debit, or a gift card. Signage in the exact statutory wording must be visible on the premises or shown online before checkout, and the surcharge must appear as a separate line on the receipt. Source: Nickel 2026 state surcharge table, Payment Review, 2026 surcharge rules.
The rules you must follow
Card network rules set the baseline in every state: Visa caps surcharges at 3% or your actual processing cost, whichever is lower; you must notify your processor and the card networks 30 days before you start; disclose the surcharge at the point of entry and the point of sale; show it as a separate line on the receipt; and never surcharge debit or prepaid cards.
Colorado cap: 2% or your actual cost, whichever is lower.
The alternative most merchants use: dual pricing
Dual pricing (also called cash discounting) shows two prices, a card price and a lower cash price. Because it is structured as a discount for paying cash, it is legal in all 50 states, including Colorado. See the Colorado dual pricing guide.
How PayWavez keeps this compliant
PayWavez sets up surcharging or dual pricing for Colorado merchants with the right caps, signage, receipt lines and processor notice, so you recover card fees without compliance risk.
Frequently asked questions
Is it legal to add a credit card surcharge in Colorado?
Yes, with Colorado-specific rules (C.R.S. § 5-2-212). Colorado allows a surcharge of up to 2% of the total, or the merchant discount fee if lower. No surcharge on cash, check, debit, a payment processed as debit, or a gift card. Signage in the exact statutory wording must be visible on the premises or shown online before checkout, and the surcharge must appear as a separate line on the receipt.
What is the maximum credit card surcharge in Colorado?
2% or your actual cost, whichever is lower. Visa limits surcharges to 3% or your actual processing cost, whichever is lower.
Can I surcharge debit cards in Colorado?
No. Debit and prepaid cards can never be surcharged under card network rules.
Is dual pricing legal in Colorado?
Yes. Offering a lower price for cash (dual pricing or cash discounting) is legal in Colorado.
Related guides
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