RestrictedLast verified: 2026-08-25

Is credit card surcharging legal in South Dakota?

Usually yes, with conditions. South Dakota allows a credit card surcharge but attaches rules you have to meet. South Dakota permits credit card surcharges but its Consumer Protection division publishes firm conditions. The surcharge may not exceed what the merchant actually pays to accept credit cards, it must be disclosed at the store entrance and the point of sale — or on the home page for an online seller — and the dollar amount must appear on the transaction receipt. The disclosure has to identify the merchant as the source of the fee and state that it does not exceed the merchant's processing cost. We did not find a dedicated South Dakota statute; these requirements are published as consumer-protection guidance.

How much you can charge

Cost-of-acceptance cap per state consumer-protection guidance, described as roughly 1.5% to 4% of the transaction. Card-network ceilings (Visa 3%, Mastercard 4%) apply on top.

Disclosure requirements

For online sellers the home page is named explicitly as a required disclosure location, which is stricter than most states. The dollar amount, not just the rate, must appear on the receipt.

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 South Dakota 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.