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.
Sources
- N.Y. Gen. Bus. Law § 518 (New York State Senate)
- 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 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.