Legal — but must be in the advertised price, not added later
Starting January 2025, Minnesota requires any credit card surcharge to be included in the advertised price shown to customers — it cannot be added at the register or checkout after the price was displayed. This is a display-timing rule, not a percentage cap.
Minnesota at a glance
| Credit card surcharge | Legal — but must be in the advertised price, not added later |
|---|---|
| Maximum surcharge | 3% (card network cap) — but must be pre-included in the advertised price |
| 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 | Surcharge must be included in advertised price, effective Jan. 2025 |
| Disclosure | The surcharge-inclusive price must be what's advertised or posted — not a separate line added during checkout. Standard card network receipt itemization rules still apply. |
What Minnesota merchants need to know
Minnesota's surcharge rule changed in a way that trips up merchants who copy a program from another state: as of January 2025, any credit card surcharge has to be baked into the advertised price shown to the customer, rather than tacked on at checkout after they've already seen a lower number. A menu, shelf tag, or website listing the pre-surcharge price and adding the fee at the register does not comply in Minnesota, even though that exact structure is fine in most other permissive states.
This makes Minnesota closer in spirit to California's and New York's total-price-disclosure approach than to the simple 'post a sign and add it at checkout' model that works in states like Ohio or Georgia. If you operate in Minnesota and other states, your Minnesota locations need pricing display configured differently — the surcharge amount is the same math, but where and when the customer sees the total price is not.
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.
Minnesota's advertised-price rule makes cash discount / dual pricing especially clean here: post the card-inclusive price and discount for cash, which naturally satisfies the 'no late-added fee' requirement.
Common questions
Is it legal to charge a credit card fee in Minnesota?
Can I just add a surcharge line at checkout in Minnesota like other states?
Can I surcharge debit cards in Minnesota?
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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.