RestrictedLast verified: 2026-08-25

Is credit card surcharging legal in New York?

Usually yes, with conditions. New York allows a credit card surcharge but attaches rules you have to meet. New York no longer bans surcharging; after Expressions Hair Design v. Schneiderman it rewrote General Business Law § 518 into a disclosure regime that took effect in February 2024. A merchant must clearly and conspicuously post the total price for using a credit card, inclusive of the surcharge, and the final sales price may not exceed that posted price. The surcharge itself may not exceed the amount the credit card company charges the business. In practice this is a two-tier pricing rule: show the credit price as a total, not as a percentage bolted on at the end.

The statute

Citation: N.Y. Gen. Bus. Law § 518

any such surcharge may not exceed the amount of the surcharge charged to the business by the credit card company

N.Y. Gen. Bus. Law § 518

How much you can charge

State cap: the amount the credit card company charges the business — your cost of acceptance. The network ceilings (Visa 3%, Mastercard 4%) apply as well.

Disclosure requirements

Post the credit card total price, not just a percentage. A checkout that advertises one price then adds a percentage line at the end is the pattern § 518 was rewritten to stop.

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 New York 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.