The statute
Citation: N.J.S.A. 56:8-156.1, 56:8-156.2 (P.L. 2023, c.146)
We have not reproduced operative text here because we could not confirm a clean verbatim quote against the official source. Follow the citation and the source links below.
How much you can charge
State cap: the actual cost to the seller of processing the credit card payment. You cannot profit on the surcharge in New Jersey, and the network ceilings (Visa 3%, Mastercard 4%) still apply on top.
Disclosure requirements
Online: clear and conspicuous electronic notice on the checkout page before processing. In person: signage at the point of entry and point of sale (for restaurants, the customer service area and the menu). By phone: verbal notice before processing.
Sources
- New Jersey Division of Consumer Affairs: Credit Card Surcharges FAQ
- Holland & Knight: New Jersey acts to limit credit card surcharges
- NFIB Legal Center: Credit Card Surcharge and Cash Discount Laws Guide (2025)
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 New Jersey 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.