Compliance · New York
Credit Card Surcharge Laws in New York (2026 Guide)
Credit card surcharging is legal in New York, but state rules add requirements on top of the card network baseline.
Is it legal to surcharge credit cards in New York?
Yes, with New York-specific rules (N.Y. Gen. Bus. Law § 518). New York allows surcharges up to your processing cost, but you must post the full credit card price in dollars and cents wherever prices appear. A sign that only says "3% added for cards" is not compliant. Penalties run up to $500 per violation. Source: Nickel 2026 state surcharge table, Katalyst OS 2026 state guide.
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.
New York cap: Your actual processing cost.
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 New York. See the New York dual pricing guide.
How PayWavez keeps this compliant
PayWavez sets up surcharging or dual pricing for New York 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 New York?
Yes, with New York-specific rules (N.Y. Gen. Bus. Law § 518). New York allows surcharges up to your processing cost, but you must post the full credit card price in dollars and cents wherever prices appear. A sign that only says "3% added for cards" is not compliant. Penalties run up to $500 per violation.
What is the maximum credit card surcharge in New York?
Your actual processing cost. Visa limits surcharges to 3% or your actual processing cost, whichever is lower.
Can I surcharge debit cards in New York?
No. Debit and prepaid cards can never be surcharged under card network rules.
Is dual pricing legal in New York?
Yes. Offering a lower price for cash (dual pricing or cash discounting) is legal in New York.
Related guides
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