RestrictedLast verified: 2026-08-25

Is credit card surcharging legal in Virginia?

Usually yes, with conditions. Virginia allows a credit card surcharge but attaches rules you have to meet. Virginia does not ban surcharging, but as of 1 July 2025 it regulates how the price is shown. SB 1212, with its companion HB 2515, amended the Virginia Consumer Protection Act to require suppliers to display clearly and conspicuously the total price of a consumer transaction, including all mandatory fees or surcharges, excluding only taxes and reasonable shipping. Written disclosures must be in larger or contrasting type set apart from surrounding text. Penalties run to $2,500 per violation and $5,000 for subsequent violations, with a private right of action.

The statute

Citation: Va. Code Ann. § 59.1-200 (Virginia Consumer Protection Act), as amended by 2025 S.B. 1212 / H.B. 2515

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 state cap on the surcharge amount; the rule is about price display. No state cap. The binding limits are the card networks: Visa caps a credit card surcharge at the lower of your merchant discount rate or 3% (reduced from 4% effective 15 April 2023) and Mastercard caps it at 4%. Surcharging debit cards is prohibited nationwide.

Disclosure requirements

The practical requirement is a total-price display. If a mandatory fee cannot be avoided by the customer, it belongs in the advertised total rather than added at the end. Keeping a fee-free payment option available is what keeps a card surcharge avoidable.

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 Virginia 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.