The statute
Citation: K.S.A. 16a-2-403 (amended by 2024 H.B. 2247, effective 1 January 2025)
“No person or retailer doing business in any sales, service or lease transaction with a customer may impose a surcharge on a customer who elects to use a credit card as payment unless such person or retailer discloses the amount of such a surcharge through a clear and conspicuous notice to the customer at the point of entry or the point of sale and in advance of such transaction.”
K.S.A. 16a-2-403 (amended by 2024 H.B. 2247, effective 1 January 2025)
How much you can charge
No state cap. The binding limits are the card networks: Visa caps a credit card surcharge at the lower of your merchant discount rate or 3% (reduced from 4% effective 15 April 2023) and Mastercard caps it at 4%. Surcharging debit cards is prohibited nationwide.
Disclosure requirements
The disclosure must state the amount of the surcharge — not merely that one exists — and must come before the transaction. For an online store the checkout page is the point of sale.
Sources
- K.S.A. 16a-2-403 (Kansas Office of Revisor of Statutes)
- NFIB Legal Center: Credit Card Surcharge and Cash Discount Laws Guide (2025)
- ArentFox Schiff: Visa reduces its merchant surcharge cap to 3%, effective April 15, 2023
Last verified: 2026-08-25. Confidence: verified against the sources above.
This page is a research summary for merchants, not legal advice, and no attorney-client relationship is created by reading it. Surcharge rules change, they interact with card-network rules and federal law, and they can turn on facts specific to your business. Consult licensed counsel in Kansas before you implement or change a surcharge.
Putting this into practice on Shopify
Rules like these only help if your checkout can actually enforce them, including on Shop Pay, Apple Pay and Google Pay.