Compliant Credit Card Surcharge Program

Offset your credit card processing costs by passing a small, capped fee through to customers who choose to pay with a credit card. Debit cards are never surcharged — federal law (the Durbin Amendment) prohibits it — and KAJA handles card brand registration, real-time BIN detection, and customer disclosure so you stay compliant with Visa, Mastercard, Discover, and American Express rules from day one.

What Is a Compliant Surcharge Program?

A surcharge is a small fee — capped by Visa at 3% of the transaction, and never more than your actual cost of acceptance — added only to credit card sales to offset interchange and processing costs. Customers who pay with a debit card, cash, check, or ACH are never surcharged. Customers who pay with a credit card see the fee disclosed before they swipe, dip, tap, or click "pay."

To be compliant, the program has to follow the rules set by the card networks (Visa, Mastercard, Discover, Amex), the Durbin Amendment of the Dodd-Frank Act (which permanently exempts debit), and any applicable state law. KAJA files your 30-day notice with the acquirer, configures BIN-level card detection at the terminal, supplies the required customer signage, and formats receipts to show the surcharge as a separate line item — so your program is audit-ready from the first transaction.

Debit cards are never surcharged. The Durbin Amendment (15 U.S.C. § 1693o-2) prohibits surcharges on any debit card — signature debit, PIN debit, prepaid debit, and HSA/FSA cards included. Our terminals run a real-time BIN lookup on every transaction and automatically zero out the fee on debit, so the rule is enforced at the device — not by your cashier.

Compliance Built Into Every Transaction

Real-Time BIN Detection

Every card is checked against the Visa, Mastercard, Discover, and Amex BIN tables at swipe. Credit cards are surcharged; debit, prepaid debit, and HSA/FSA cards are not — automatically, every time.

Card Brand Registration Handled

The networks require 30 days' advance notice through your acquirer before you can begin surcharging. We file the notification on your behalf and confirm you're registered before your first surcharged transaction settles.

3% Cap, Never More Than Cost

Visa caps surcharges at 3% as of April 2023 — and you can never charge more than your actual cost of acceptance. KAJA configures your rate so it stays inside both limits, even if your effective rate drops mid-month.

Required Disclosures Built In

Card brand rules require disclosure at the point of entry (storefront signage or website banner) and at the point of sale (terminal screen or checkout page). We provide the signage and configure the terminal text — you don't have to draft anything.

Receipt-Ready Itemization

Every customer receipt shows the surcharge as a separate, clearly labeled line item — the dollar amount of the fee, not just a percentage. This satisfies Visa's receipt rule and gives customers the audit trail they expect.

24/7 Compliance Support

When a customer disputes a surcharge, when a state law changes, or when a card brand updates its rules, you reach a person — not a help article. Our team is on call around the clock to keep your program clean.

From Setup to First Surcharged Sale in About 30 Days

The card networks require a 30-day advance notice before you can begin surcharging. Here's what happens during that window — and after.

1

Eligibility Review

We confirm your state allows surcharging (Connecticut, Massachusetts, and Puerto Rico currently prohibit it — see below), review your industry to flag any category-specific rules, and recommend the right surcharge rate based on your interchange profile.

2

Register & Configure

KAJA files your 30-day notice, configures BIN detection and the surcharge rate on your terminal or gateway, sets up the required disclosure text, and ships your point-of-entry signage so you're ready when the registration window closes.

3

Go Live & Stay Compliant

On day 31, your program goes live. Credit cards are surcharged; debit and other tenders are not. We monitor for card brand rule changes, state law updates, and effective-cost drift, and we adjust your configuration when something requires it.

Surcharge vs. Convenience Fee vs. Cash Discount

All three programs reduce your processing cost. They work differently — and only one is right for any given business.

Surcharge Convenience Fee Cash Discount
What's added % fee on credit transactions Flat $ fee for an alternate payment channel Discount off the posted price for cash
Maximum amount 3% (Visa) or actual cost — whichever is lower Reasonable flat fee, posted in advance No cap — set by the merchant
Where it applies Any in-person or card-not-present channel Non-standard payment channels only Any channel
Debit cards charged? No (Durbin Amendment) Yes — flat fee allowed Discount for Cash
Card brand registration Required — 30-day notice via acquirer Not required Not required
State restrictions Prohibited in CT, MA, PR; capped in CO, IL, NY Legal in all 50 states Legal in all 50 states
Best for Card-present retail, B2B, professional services Online or phone payments in industries where flat fees are standard Any business that wants zero net processing cost

Not sure which fits your business? Talk to us — we'll recommend the right one based on your industry, ticket size, and customer mix.

State availability: Surcharging is currently prohibited in Connecticut, Massachusetts, and Puerto Rico. Several states cap the surcharge below 3% or require it not exceed your actual cost of acceptance (including Colorado at 2%, Illinois at 1%, and New York). If you operate in a state where surcharging isn't permitted or makes less sense, we'll recommend our Cash Discount Program instead. State laws change — we monitor and adjust your program accordingly.

Program Features

Credit Cards Only Debit Always Excluded 3% Cap Enforced BIN-Level Detection Visa/MC Registration Disclosure Signage Included Itemized Receipts 24/7 Compliance Support

Frequently Asked Questions

Is surcharging legal in my state?

Surcharging is currently prohibited in Connecticut, Massachusetts, and Puerto Rico. Several states impose caps below the 3% Visa limit or require the surcharge not exceed your actual cost of acceptance (notably Colorado at 2%, Illinois at 1%, and New York). State laws change, and a number of older state-level bans (in California, Texas, Florida, and others) have been struck down by federal courts as unconstitutional. We confirm your state's current rules before we register your program, and we adjust if a law changes after you're live.

What's the maximum surcharge I can apply?

Visa caps surcharges at 3% of the transaction as of April 15, 2023. You also cannot charge more than your actual cost of acceptance — so if your effective processing rate is 2.6%, your surcharge is capped at 2.6%. Some states impose lower caps (Colorado 2%, Illinois 1%). KAJA configures your rate inside whichever limit is lowest.

Why can't I surcharge debit cards?

The Durbin Amendment, part of the 2010 Dodd-Frank Act (codified at 15 U.S.C. § 1693o-2), permanently prohibits surcharging on debit transactions — and the prohibition applies in all 50 states. It covers signature debit, PIN debit, prepaid debit, and HSA/FSA cards (which the networks route as debit on the back end). Our terminals do a real-time BIN lookup on every card and automatically suppress the surcharge on any debit card, so the rule is enforced at the device level rather than by your staff.

What do I have to disclose to customers, and where?

Card brand rules require disclosure in three places: at the point of entry (storefront signage or homepage banner), at the point of sale (terminal screen or checkout page), and on the receipt as a separate line item showing the dollar amount of the surcharge. KAJA provides the signage, configures the terminal display text, and formats receipts so all three are handled out of the box. For phone-order businesses, verbal disclosure of the surcharge and its amount is required before the transaction is authorized.

Do I have to register with Visa and Mastercard?

Yes. You're required to give the card networks 30 days' advance notice before you start surcharging — done through your acquiring bank rather than directly with the networks. KAJA files the notice on your behalf as part of onboarding, so you don't have to navigate the paperwork or risk a procedural violation on your first transaction.

Will I lose customers if I surcharge?

The data we see across our merchant book says no — but the answer depends on disclosure. Customers who are surprised by a fee at checkout push back. Customers who see the surcharge clearly disclosed at the entrance, on the website, and on the terminal before they pay almost never do. And because debit, cash, ACH, and checks are always free of any surcharge, every customer has a no-fee option available to them.

How is the surcharge different from a cash discount?

A surcharge adds a fee on top of the listed price when a customer pays with credit. A cash discount works the other way around — the listed price is the credit price, and the customer pays less when they pay with cash or debit. The economics are similar, but the legal frameworks are different. Cash discounts are legal in all 50 states with no card brand registration required, which makes them a better fit for businesses in states where surcharging is prohibited or capped tightly. We're happy to run the numbers on both for your business.

What happens if I'm fined or audited?

Card brand violations can result in fines from Visa or Mastercard (typically $10,000+ per offense), forced refunds to surcharged customers, and in serious cases, termination of your processing account. KAJA's program is structured to prevent the most common violations — surcharging debit, exceeding the 3% cap, missing disclosure, or unregistered surcharging — by enforcing them at the terminal and at the back office. If you ever do receive a notice, we're on the phone with you to respond.

Reduce Your Processing Costs — Compliantly

Talk to KAJA about whether a surcharge program is right for your business, or whether a cash discount or convenience fee fits better.