Common infractions

Where compliant intent often drifts into non-compliant behavior

Each pattern below is tied to primary source language so teams can audit the issue directly.

Posted shelf or menu price is the cash price, then 3% to 4% is added for card payments.

Visa describes this as surcharge behavior, even if the program is labeled as cash discount. Card totals should not be produced by adding an extra fee to a lower posted regular price.

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Posted regular price is the card price or both card and cash are shown side-by-side.
Receipts do not add a card fee to a lower posted regular price unless running a compliant surcharge program.

Visa: U.S. Merchant Surcharge Q and A U.S. Code: 15 U.S.C. 1693o-2 Reasonable fees and rules for payment card transactions

Fee appears on debit, prepaid, or debit cards run with a credit button.

Visa and Mastercard both limit surcharging to credit cards. Debit and prepaid card transactions cannot be surcharged.

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POS and gateway suppress surcharges on debit and prepaid BIN ranges.
Staff understands that selecting credit routing does not convert a debit card into a credit card.

Visa: U.S. Merchant Surcharge Q and A Mastercard: Mastercard Credit Card Surcharge Rules and Fees for Merchants

Surcharge rate is higher than the merchant's actual cost of card acceptance.

Surcharge amount must be limited to actual cost of acceptance and network cap logic. The fee is not a profit center.

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Current configured rate is less than or equal to documented card acceptance cost.
Rate review process exists when processor pricing changes.

Visa: U.S. Merchant Surcharge Q and A Mastercard: Mastercard Credit Card Surcharge Rules and Fees for Merchants Visa: Merchant Surcharging Considerations and Requirements

Surcharge program starts without required advance notice to the acquirer.

Both Visa and Mastercard require advance notice before beginning surcharging.

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Notice timestamp and acknowledgment are documented before go-live.
Program type in notice matches production setup (brand-level or product-level).

Visa: Credit Card Processing Fees and Interchange Rates Visa: U.S. Merchant Surcharge Q and A Mastercard: Mastercard Credit Card Surcharge Rules and Fees for Merchants

No point-of-entry or point-of-sale disclosure, or receipt does not separately itemize the surcharge.

Disclosure language and receipt treatment are explicit requirements in the card-brand rules.

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Point-of-entry and POS signage are visible and current.
Receipt shows surcharge as a separate line item.
Sign text aligns with official sample language.

Visa: U.S. Merchant Surcharge Q and A Visa: Sample Surcharge Disclosure Signage Mastercard: Mastercard Credit Card Surcharge Rules and Fees for Merchants

Merchant attempts to apply both brand-level and product-level surcharging at once.

Card-brand frameworks describe this as an either-or choice.

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Processor config applies one method only.
Internal SOP and cashier guidance use the same method.

Visa: U.S. Merchant Surcharge Q and A Mastercard: Mastercard Credit Card Surcharge Rules and Fees for Merchants

State-law note

Visa’s 02/15/2024 Q and A lists specific states and territories with prohibitions or extra requirements, and also states its list may contain errors and is not legal advice. Treat it as a reference checkpoint, then confirm current law for each outlet jurisdiction.