RestrictedLast verified: 2026-08-25

Is credit card surcharging legal in Tennessee?

Usually yes, with conditions. Tennessee allows a credit card surcharge but attaches rules you have to meet. Tennessee has no surcharge ban, but the Attorney General has warned that a merchant who fails to disclose, clearly and prominently and before the consumer pays, what it will charge including any additional fees may violate Tennessee law against deceptive or false advertising. The Attorney General also cautions against disguising a surcharge as "cash discounting" and against surcharges above a merchant's typical actual cost. The constraint here is consumer-protection enforcement rather than a surcharge statute.

How much you can charge

No statutory cap. The Attorney General has pointed to typical actual processing cost as the reasonable ceiling. Card-network ceilings (Visa 3%, Mastercard 4%) apply.

Disclosure requirements

Display the full price for each payment method rather than advertising a low price and adding the card fee later. Do not relabel a surcharge as a cash discount if the mechanics are a fee added at checkout.

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 Tennessee 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.