Compliance · Maine

Credit Card Surcharge Laws in Maine (2026 Guide)

Maine is one of the few states that bans credit card surcharging outright — merchants there need a different pricing structure to offset processing costs.

Is it legal to surcharge credit cards in Maine?

No. Maine is one of a small number of states that prohibit credit card surcharging by statute — merchants there cannot legally add a surcharge to a credit card transaction under any structure. This is confirmed across multiple sources tracking state surcharge law, including Visa's own merchant surcharging FAQ, the National Conference of State Legislatures, and U.S. Bank's merchant surcharge guide, all of which list Maine among the states with an active surcharge ban.

What Maine merchants can do instead

A compliant dual pricing program is generally the compliant alternative in states that ban surcharging outright. Instead of adding a fee to a credit card transaction, dual pricing posts a cash price and a separate, slightly higher card price for the same item — a different legal structure than a surcharge, and one that isn't affected by Maine's surcharge ban.

Debit and prepaid cards can never be surcharged anywhere in the U.S. regardless of state law, so this restriction doesn't change the debit picture in Maine.
Cash discounts — offering a lower price for paying with cash — remain a legal way to offset processing costs in Maine.
State surcharge law changes periodically, so confirm current law before assuming this status is permanent, or ask PayWavez directly.

How PayWavez can help

PayWavez offers a compliant dual pricing program built for states like Maine where traditional surcharging isn't an option — talk to PayWavez to set it up correctly from day one.

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.

Is it legal to add a credit card surcharge in Maine?

No. Maine prohibits credit card surcharging by statute, confirmed by Visa's official merchant guidance, the National Conference of State Legislatures, and U.S. Bank's merchant surcharge guide. Merchants there cannot legally add a surcharge under any structure.

What can Maine merchants do instead of surcharging?

A compliant dual pricing program — posting a cash price and a separate, higher card price — is generally the compliant alternative in states like Maine that ban surcharging outright, since it's a different legal structure than a surcharge.

Set up compliant dual pricing instead

PayWavez builds compliant dual pricing programs for states where surcharging isn't an option.