Legal — no state cap beyond card network rules
New Mexico has no statute banning or capping credit card surcharges beyond card network rules. A prior attempt to restrict surcharging (HB 545) did not become law.
New Mexico at a glance
| Credit card surcharge | Legal — no state cap beyond card network rules |
|---|---|
| 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 | No enacted state statute restricts surcharging |
| Disclosure | Card network rules: notice at point of sale, itemized on receipt, 30 days' advance processor notice. |
What New Mexico merchants need to know
New Mexico does not have an enacted statute capping or banning credit card surcharges — the standard card network rules (3% practical cap, credit only, disclosure) are the governing framework. There was a legislative attempt, House Bill 545, that would have added restrictions; the more common account across compliance sources is that HB 545 did not pass and never became law, though you'll occasionally see it referenced as if it had.
Because sources aren't fully consistent on HB 545's final status, if you're setting up a New Mexico surcharge program, it's worth a quick confirmation that no restriction has since been enacted under a different bill number — the underlying legal picture is permissive, but legislative attempts in this space tend to resurface.
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.
New Mexico's permissive baseline means either surcharge or cash discount works without a state-specific compliance wrinkle — pick based on what fits your business.
Common questions
Is it legal to charge a credit card fee in New Mexico?
What is New Mexico House Bill 545?
Can I surcharge debit cards in New Mexico?
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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. This state is under active legal or legislative movement; we re-verify it quarterly.