Credit Card Surcharge Laws in Mississippi (2026 Guide)

Is it legal to surcharge credit cards in Mississippi?

Yes. Mississippi does not have a law prohibiting or restricting credit card surcharges for private merchants — only Connecticut, Massachusetts, and Maine currently ban the practice outright, and Mississippi is not one of them (Sun Herald). Private businesses can implement surcharges according to the standard federal and card network guidelines.

The rules that still apply

• Visa's 3% cap and Mastercard's 4% cap govern the surcharge amount — see the full national rules guide.
• The surcharge can never exceed the merchant's actual cost of accepting the card.
• Debit and prepaid cards can never be surcharged, under the federal Durbin Amendment — this applies in Mississippi the same as everywhere else.
• Merchants must give their processor 30 days' written notice and disclose the surcharge via signage, a point-of-sale notice, and a separate receipt line item.

The one Mississippi-specific restriction: it applies to government, not businesses

Mississippi Senate Bill 2035 amended Section 17-25-1 of the Mississippi Code to prohibit counties and municipalities from imposing a surcharge or transaction fee on payments made by credit card, charge card, debit card, or other electronic payment for things like taxes, fines, and fees owed to local government. This restriction is specific to county and municipal government entities collecting public payments — it does not apply to private businesses, which remain free to surcharge credit card transactions under the standard rules above.

How PayWavez keeps this compliant

PayWavez applies a standard 3% surcharge to credit transactions only, handles the 30-day processor notice, and configures your terminal's signage and receipt disclosures automatically — debit transactions always process at cost.

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.