As of February 11, 2024, a new law revolutionizes the way sellers in New York approach credit card surcharges. Enacted under the leadership of Governor Kathy Hochul and effective since December 2023, the Credit Card Surcharge Law imposes significant consumer disclosure requirements on all businesses implementing credit card surcharges. Whether it’s a percentage fee or a fixed amount, all sellers must adhere to these regulations without exception.

The legislation casts a wide net, defining “sellers” as any entity accepting credit or debit cards for goods or services. This inclusive definition encompasses a spectrum of businesses, ranging from retailers, restaurants, and service providers such as moving & storage companies, amongst others.

Outlined in the law are three fundamental provisions impacting sellers:

  1. Transparent Pricing Disclosure: Sellers must clearly display the total price for credit card transactions, including any surcharges.
  2. Price Consistency: Final transaction prices, including credit card surcharges, cannot exceed the posted amount.
  3. Surcharge Cap: Sellers are prohibited from imposing credit card surcharges exceeding the amount charged by the credit card company.

Non-compliance with these rules carries hefty penalties, with each violation incurring civil penalties of up to $500 per transaction.

To help businesses understand and implement these regulations, the Division of Consumer Protection, part of the New York Department of State, has provided some guidance:

  • Businesses can clearly display both the credit card price and the cash price together, as seen at gas stations.
  • Businesses can show the total credit card price and offer a discount for paying with cash.
  • Maintain uniform pricing regardless of how the customer pays.

However, the guidance also outlines practices that violate the law, including:

  • Displaying signs notifying customers of additional credit card fees or charges explicitly for using a credit card.
  • Charging separate line items with terms such as convenience fee, service fee, administration fee, non-cash adjustment, technology fee, processing fee, etc., to credit card users on the customer receipt.
  • Advertising that all prices include a cash discount that does not apply to credit card purchases.
  • Including a credit card surcharge warning on the item price tag.
  • Charging fees exclusive to credit card users.

To visualize compliant and non-compliant practices, the Division of Consumer Protection has released informative infographics here.

With the law in full effect as of February 11, 2024, New York businesses must act promptly to ensure compliance. Sellers should review and update all signage to align with legal requirements and adjust pricing practices accordingly. For some, this may entail suspending credit card surcharges or cash discounts temporarily until full compliance is achieved.

The New York State Department of State’s Division of Consumer Protection suggested that interested parties review DCP’s Credit Card Surcharge Legal Update Letter for more information. This comprehensive resource can provide further clarity and insights into navigating the intricacies of the Credit Card Surcharge Law.

At Remedy Payment Solutions, we understand the importance of staying informed and compliant with evolving regulations to protect your business interests. We’re committed to keeping you educated and providing you with the best payment solutions tailored to your moving company’s needs, ensuring you’re always prepared.

If you have any questions or need assistance navigating these changes, please don’t hesitate to reach out to our team by calling 714-461-2200 or emailing We’re here to support you every step of the way.

Remedy is powered by Chosen Payments whom is a registered ISO and FSP of Wells Fargo Bank, N.A., Concord, CA and BBVA USA, Birmingham, AL., and Elavon, Inc., N.A., Atlanta, Georgia, and Evolve Bank & Trust; Memphis, TN., and Merrick Bank, N.A., Draper, UT.