Legal — ban repealed effective January 2025
Kansas repealed its anti-surcharge statute effective January 1, 2025. Merchants may now surcharge with proper notice posted at the point of sale or point of entry, subject to standard card network rules.
Kansas at a glance
| Credit card surcharge | Legal — ban repealed effective January 2025 |
|---|---|
| Maximum surcharge | 3% (card network cap — no state cap) |
| Debit & prepaid cards | Never — prohibited nationwide by federal rules and card networks, in every state |
| Cash discount / dual pricing | Legal — permitted in all 50 states with a compliant structure |
| State rule | Former anti-surcharge law repealed effective Jan. 1, 2025 (Kan. Stat. ch. 16a, § 2-403 (as amended)) |
| Disclosure | Notice must be posted at the point of sale or point of entry, in addition to standard card network receipt and disclosure rules. |
What Kansas merchants need to know
Kansas is one of the more recent states to clear the way for surcharging: its long-standing anti-surcharge statute was repealed effective January 1, 2025, and Kansas merchants can now add a credit card surcharge as long as notice is posted at the point of sale or point of entry, on top of the standard card network rules (3% cap, credit only, receipt disclosure).
Because the repeal is recent, some Kansas merchants and even some point-of-sale vendors are still operating under outdated assumptions that surcharging is illegal in the state. If your processor or POS provider has told you Kansas prohibits surcharges, that guidance is out of date as of January 2025.
The cash discount alternative
Wherever surcharge rules get complicated, dual pricing doesn't: posting a card price and offering a discount for cash is legal in all 50 states when it's structured correctly — the posted price must be the card price, with cash receiving a true discount. The economics match a surcharge; the compliance profile usually beats it.
Kansas' 2025 repeal means both surcharge and cash discount programs are now clean options — the choice comes down to what fits your business rather than which one avoids legal risk.
Common questions
Is it legal to charge a credit card fee in Kansas?
Was surcharging illegal in Kansas before 2025?
Can I surcharge debit cards in Kansas?
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Surcharge rules in other states
Not legal advice. Surcharge and pricing laws change through legislation, court decisions, and enforcement positions. This page reflects our review as of July 2026 and is provided for general information. Confirm current requirements with your processor and qualified counsel before implementing any fee or dual-pricing program.