Compliance · West Virginia
Credit Card Surcharge Laws in West Virginia (2026 Guide)
Credit card surcharging is legal in West Virginia. There is no state surcharge statute, so the card network rules below are what you must follow.
Is it legal to surcharge credit cards in West Virginia?
Yes. West Virginia has no state law that specifically limits credit card surcharges, so card network rules are the limit. Source: Nickel 2026 state surcharge table.
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.
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 West Virginia. See the West Virginia dual pricing guide.
How PayWavez keeps this compliant
PayWavez sets up surcharging or dual pricing for West Virginia 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 West Virginia?
Yes. West Virginia has no state law that specifically limits credit card surcharges, so card network rules are the limit.
What is the maximum credit card surcharge in West Virginia?
There is no state cap. Visa limits surcharges to 3% or your actual processing cost, whichever is lower.
Can I surcharge debit cards in West Virginia?
No. Debit and prepaid cards can never be surcharged under card network rules.
Is dual pricing legal in West Virginia?
Yes. Offering a lower price for cash (dual pricing or cash discounting) is legal in West Virginia.
Related guides
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