Lawmakers in 16 states filed 52 bills in their 2025-26 sessions dealing with the extra fee some businesses add when a customer pays by card. 2 became law: Oklahoma SB 677, which repealed the state's ban on card surcharges and replaced it with disclosure rules, and Florida HB 967, which updates how local governments take electronic payments and pass card fees on to the payer. Louisiana's House also adopted a resolution asking the attorney general to study surcharges. 6 more bills passed one chamber.
New Jersey had the most bills (10), followed by Massachusetts (9), Oklahoma (8) and New York (8). Several are companion bills, the same proposal filed in both chambers.
What the bills try to do
A surcharge is a fee added at checkout for paying with a credit card, usually meant to cover the business's card processing cost. The card networks set their own limits; Visa, for example, caps surcharges at 3% and does not allow them on debit cards. State bills go further in different directions:
- Bans, such as New Jersey S 595 and A 603, which would bar sellers from adding a credit card surcharge, and S 4107, which would bar surcharges on debit and gift cards and passed the New Jersey Senate.
- Caps, such as Georgia HB 700 and North Carolina S 839, which would limit the surcharge to a set percentage.
- Disclosure rules, such as Ohio SB 337, Pennsylvania HB 1780 and Rhode Island H 7022, which would require businesses to post or itemize the fee.
- Specific payees, such as utility bills in New Jersey (S 3225 passed the Senate 39-0 on October 22, 2026), rent payments, taxis and local government fees.
Oklahoma's new law moves the other way, allowing surcharges where they had been banned, as long as they are disclosed.
All 52 bills
| State | Bill | What it does | Status | Last action |
|---|---|---|---|---|
| Florida | H0967 | Electronic payments to local governments, including surcharges to cover card fees (enacted as Ch. 2026-169) | Enacted | 2026-06-26 |
| Oklahoma | SB677 | Sales transactions; discounts inducing payment by cash, check, or similar means; options; disclosure; surcharges; repealing provision prohibiting surcharge on use of credit and debit card | Enacted | 2025-05-28 |
| Louisiana | HR252 | Asks the attorney general to study card surcharges and cash rounding | Resolution adopted | 2026-05-22 |
| New Jersey | S3225 | Prohibits public utilities from assessing surcharges and certain fees | Passed one chamber; pending | 2026-10-22 |
| New Jersey | S4107 | Prohibits seller providing service or selling goods from charging surcharge to customer using debit card or gift card | Passed one chamber; pending | 2026-06-18 |
| Oklahoma | HB3028 | Lets schools and technology centers charge service fees on card transactions | Passed one chamber; session ended | 2026-04-01 |
| Oklahoma | HB3041 | Credit cards; discounts inducing payment by cash, check or similar means; setting maximum service charge; effective date; emergency | Passed one chamber; session ended | 2026-04-22 |
| Oklahoma | SB2132 | Credit cards; increasing surcharge limit | Passed one chamber; session ended | 2026-04-08 |
| Oklahoma | SB351 | Credit sales; requiring certain actions from sellers when imposing a surcharge on certain transactions | Passed one chamber; session ended | 2025-04-24 |
| Delaware | HB315 | Regulates credit card fees charged by sellers | Pending | 2026-03-10 |
| Delaware | SB89 | Regulates credit card surcharges by sellers | Pending | 2025-05-15 |
| Massachusetts | H319 | Relative to transparency in optional credit card fees | Pending | 2026-04-02 |
| Massachusetts | H375 | Relative to transparency in credit card fees | Pending | 2026-04-02 |
| Massachusetts | H4159 | Relative to cardholder surcharges | Pending | 2026-04-02 |
| Massachusetts | H447 | Regarding credit card surcharging | Pending | 2026-04-02 |
| Massachusetts | H454 | Relative to credit card surcharges | Pending | 2026-04-02 |
| Massachusetts | S194 | Relative to transparency in credit card fees | Pending | 2026-01-07 |
| Massachusetts | S204 | Relative to transparency in credit card fees | Pending | 2026-01-07 |
| Massachusetts | S278 | Relative to credit card surcharges | Pending | 2026-01-07 |
| Massachusetts | S2819 | Relative to credit card surcharges and transparency in credit card fees | Pending | 2026-01-07 |
| North Carolina | S839 | Price Transparency Act; caps food retailer credit card surcharges at 2% | Pending | 2026-04-28 |
| New Jersey | A1285 | Prohibits public utilities from imposing surcharge on certain payment transactions | Pending | 2026-01-13 |
| New Jersey | A2627 | Bars residential landlords from certain rent payment surcharges | Pending | 2026-01-13 |
| New Jersey | A4807 | Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts | Pending | 2026-03-23 |
| New Jersey | A5110 | Prohibits seller providing service or selling goods from charging surcharge to customer using debit card or gift card | Pending | 2026-06-04 |
| New Jersey | A603 | Prohibits retail mercantile establishments from imposing surcharges on consumer credit card purchases | Pending | 2026-01-13 |
| New Jersey | S3095 | Bars residential landlords from certain rent payment surcharges | Pending | 2026-01-13 |
| New Jersey | S4811 | Prohibits public utilities from imposing surcharge on certain payment transactions | Pending | 2026-10-15 |
| New Jersey | S595 | Prohibits seller from charging credit card surcharges; establishes notice requirements for credit card minimums and cash discounts | Pending | 2026-01-13 |
| Ohio | SB337 | Require disclosure of credit card surcharges | Pending | 2026-02-11 |
| Pennsylvania | HB1780 | Requires disclosure of credit card surcharges to consumers | Pending | 2026-09-08 |
| Florida | S1612 | Electronic payments to local governments, including card surcharges (companion to H 967) | Not enacted; session ended | 2026-03-06 |
| Georgia | HB700 | Commerce and trade; limit amount of surcharges charged by merchants for purchasers using credit cards | Not enacted; session ended | 2025-03-06 |
| Georgia | HB726 | Commerce and trade; surcharges charged by merchants for purchasers' use of credit cards; limit amount | Not enacted; session ended | 2025-03-10 |
| Illinois | SB1931 | Consumer fraud law: card surcharges | Not enacted; session ended | 2025-02-06 |
| New York | A00111 | Prohibits certain surcharges on certain credit or debit card transactions in the city of New York; provides that no agency or department of the city of New York, or any tribunal located therein, shall be authorized to impose a surcharge on a holder who elects to use a credit or debit card in lieu of payment by cash, check, or similar means to pay any fine, civil penalty, or fee owed | Not enacted; session ended | 2026-01-07 |
| New York | A11283 | Prohibits payment card networks from assessing penalties against small businesses or financial intermediaries who fail to comply with the credit card surcharge notice requirement; declares any clause of a contract, agreement, or arrangement in violation of such provision void | Not enacted; session ended | 2026-05-06 |
| New York | S02560 | Lets taxi medallion owners pass card processing fees to riders | Not enacted; session ended | 2026-01-07 |
| New York | S03700 | Lets regulators adjust for-hire fares for card processing fees | Not enacted; session ended | 2026-01-07 |
| New York | S06125 | Prohibits payment card networks from assessing penalties against small businesses or financial intermediaries who fail to comply with the credit card surcharge notice requirement; declares any clause of a contract, agreement, or arrangement in violation of such provision void | Not enacted; session ended | 2026-01-07 |
| New York | S10055 | Prohibits certain surcharges on certain credit or debit card transactions in the city of New York; provides that no agency or department of the city of New York, or any tribunal located therein, shall be authorized to impose a surcharge on a holder who elects to use a credit or debit card in lieu of payment by cash, check, or similar means to pay any fine, civil penalty, or fee owed | Not enacted; session ended | 2026-05-14 |
| Oklahoma | HB1260 | Consumer credit; discounts; cash; check; charges; credit card; debit card; line item; effective date | Not enacted; session ended | 2025-02-05 |
| Oklahoma | HB2971 | Sales transaction; maximum permissible surcharge amount for credit cards; maximum permissible service fee amount; effective date | Not enacted; session ended | 2026-02-04 |
| Oklahoma | SB2077 | Credit cards; increasing surcharge limit | Not enacted; session ended | 2026-02-03 |
| Rhode Island | H7022 | Requires businesses to notify customers whenever a surcharge or fee for payment made by credit card is imposed | Not enacted; session ended | 2026-01-27 |
| Rhode Island | H7409 | Prohibits a seller from imposing a surcharge fee on a customer who uses a credit card for a transaction occurring in the state | Not enacted; session ended | 2026-02-03 |
| Vermont | H0265 | Bars convenience fees on online municipal utility payments | Not enacted; session ended | 2025-02-19 |
| West Virginia | HB4396 | Prevent credit card surcharge from including sales tax | Not enacted; session ended | 2026-01-15 |
| Maine | LD1031 | An Act to Allow Time-share Associations to Charge Credit Card Surcharges | Did not pass | 2025-04-08 |
| Maine | LD151 | An Act to Allow Businesses to Impose a Surcharge on Credit Card and Debit Card Transactions | Did not pass | 2025-05-27 |
| New York | A06541 | Prohibits payment card networks from assessing penalties against small businesses or financial intermediaries who fail to comply with the credit card surcharge notice requirement; declares any clause of a contract, agreement, or arrangement in violation of such provision void | Did not pass | 2026-01-05 |
| New York | S02570 | Prohibits certain surcharges on certain credit or debit card transactions in the city of New York; provides that no agency or department of the city of New York, or any tribunal located therein, shall be authorized to impose a surcharge on a holder who elects to use a credit or debit card in lieu of payment by cash, check, or similar means to pay any fine, civil penalty, or fee owed | Did not pass | 2025-05-27 |
We searched LegiScan for bills in current 2025-26 sessions matching "credit card" and surcharge, which returned 352 records, and read each one. We kept bills whose main subject is a fee or surcharge for paying by card. We dropped bills that only mention surcharges in passing, such as motor vehicle surcharges, budget bills, junk fee bills that refer to existing surcharge notices, cash rounding bills and bills on interchange fees charged to merchants. Records whose text we could not read in full, such as Hawaii HB 1930 and Mississippi HB 1095, are left out. "Session ended" means the legislature has adjourned for the year without passing the bill. Status as of October 24, 2026.
Source
LegiScan, bill records and texts for 2025-26 state legislative sessions, retrieved October 24, 2026; bill texts from state legislature websites. Our table is available under CC BY 4.0. Credit "My Credit Guide (mycreditguide.org)". This page describes legislation and is not legal advice.
Steven Reynolds, "Credit Card Surcharge Bills in the States, 2025-26," My Credit Guide, October 24, 2026, https://mycreditguide.org/data/credit-card-surcharge-laws/.