MerchantLayer
No state statuteLast verified: 2026-08-25

Is credit card surcharging legal in Montana?

Yes, as far as state law goes. We found no Montana statute that specifically addresses credit card surcharging. Montana has no statute we could locate that bans or caps merchant credit card surcharges. A 3% Montana cap is widely repeated by payments vendors; the NFIB Legal Center traced that claim to a 2021 bill draft that does not appear to have passed, and we could not find it in the Montana Code either. The Montana provisions that do mention card payments, such as MCA § 7-6-617, govern government entities accepting cards rather than private merchants.

Under review

We could not confirm this entry against a Montana statute or a state agency publication. Everything below is written as our current reading of secondary sources, not as a settled statement of Montana law. Verify with counsel before you rely on it.

How much you can charge

We found no Montana cap. Treat claims of a 3% state cap as unverified. 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

No state-specific disclosure statute located. Card-network rules still require the surcharge to be disclosed before checkout, itemised as its own line on the receipt, and notified to your acquirer at least 30 days in advance.

Not legal advice

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 Montana 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.

Shopify surcharge guideSee FeeLayer