Credit Card Surcharge Laws in Georgia (2026 Guide)

Is it legal to surcharge credit cards in Georgia?

Yes. Georgia law (O.C.G.A. §10-1-393.3) permits credit card surcharging, but a merchant "shall be prohibited from requiring a purchaser using a credit card ... to pay a surcharge in an amount that exceeds the actual cost to the merchant to process the transaction." Georgia's own consumer protection office confirms merchants "are permitted to charge customers a surcharge to recover the cost of the processing fee" but "cannot charge their customers a surcharge fee that exceeds the amount the merchant pays to accept the card" (Georgia Consumer Protection). In short: surcharging is allowed, but Georgia merchants cannot profit from it.

What this means in practice

• Georgia law itself sets no specific percentage cap — but the surcharge can never exceed your actual cost of acceptance, which is often below the federal/card network ceiling.
• Visa's 3% cap and Mastercard's 4% cap still apply as an upper limit — see the full national rules guide.
• Notice must be disclosed prior to the transaction, both at the point of entry and the point of sale, and the exact surcharge amount must appear on the customer's receipt.
• Debit and prepaid cards can never be surcharged, under the federal Durbin Amendment.

Why the "no profit" rule matters

If a Georgia merchant's actual cost of acceptance is 2.5%, charging a flat 3% surcharge because "that's the Visa cap" is a violation of state law even though it's within the card network's rules. The surcharge has to track the merchant's real processing cost, not the maximum the card networks allow. A compliant program needs to calculate the surcharge off actual interchange and processing costs, not a blanket percentage.

How PayWavez keeps this compliant

PayWavez's compliant surcharging program is structured around actual cost of acceptance, handles the 30-day processor notice, and configures signage and receipt disclosures automatically so Georgia merchants stay inside the state's no-profit rule.

Related guides

• Credit Card Surcharge Laws & Compliance Rules — the full national rulebook.
• How to Add a Credit Card Surcharge Legally — the six-step setup checklist.
• Surcharging vs. Dual Pricing vs. Flat Rate — which pricing model fits your business.