Prohibited — surcharges banned by state law
Maine law prohibits merchants from imposing a surcharge on customers paying by credit card. Cash discount and dual pricing programs remain legal when properly structured.
Maine at a glance
| Credit card surcharge | Prohibited — surcharges banned by state law |
|---|---|
| Maximum surcharge | N/A — surcharging prohibited |
| 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 | Credit card surcharges prohibited |
| Disclosure | N/A for surcharges. Cash discount programs should post the card price with the cash discount clearly communicated. |
What Maine merchants need to know
Maine is one of a small handful of states, alongside Connecticut and Massachusetts, that bans credit card surcharges outright by state law. A merchant in Maine adding a percentage fee for card payment — however it's labeled on the receipt — is out of compliance, regardless of what card network rules would otherwise permit.
What Maine law does permit is the cash discount structure: posting a price and offering a discount from it for customers who pay cash. That's a lawful reduction from a posted price, which is a different legal category from a fee added for using a card — the distinction is the entire compliance line for Maine merchants who want to recover some processing cost.
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.
Maine is a pure cash-discount state: surcharges are banned outright, but a properly structured dual-pricing program — card price posted, discount for cash — is fully legal and achieves similar cost recovery.
Common questions
Is it legal to charge a credit card fee in Maine?
Is a cash discount program legal in Maine?
Can I surcharge debit cards in Maine?
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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.