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Is credit card surcharging legal in Utah?

Usually yes, with conditions. Utah allows a credit card surcharge but attaches rules you have to meet. Utah briefly banned surcharges under a 2013 law, but that section (Utah Code § 13-38a-302) carried a sunset and lapsed on 30 June 2014; it was not renewed. Surcharging is therefore lawful, subject to guidance from the Utah Division of Consumer Protection: a business must tell the consumer, clearly and conspicuously and before the purchase, exactly what fee or surcharge will be added — a line item on the receipt afterwards is not enough. The Division also treats it as deceptive to call a fee a "credit card processing fee" if it exceeds what the business actually pays to process the card.

The statute

Citation: Utah Code § 13-38a-302 (surcharge ban; sunset 30 June 2014)

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

No statutory cap. But if you label the fee a processing fee, Utah guidance effectively caps it at your actual processing cost. Card-network ceilings (Visa 3%, Mastercard 4%) apply.

Disclosure requirements

Disclose the exact amount before purchase, not only on the receipt, and do not describe the fee in a way that misstates what it covers.

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 Utah 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.

Shopify surcharge guideSee FeeLayer