Rules checked October 19, 2026 from official sources. Laws and card network rules change, and this isn’t legal advice. Check with your payment provider and your state (or province) before you add a surcharge.
The short answer
Colorado allows credit card surcharges with limits. You can charge up to 2% of the total, or up to the merchant discount fee you actually paid. You must post the sign the law sets out, put the surcharge on its own receipt line, and never surcharge debit.
These rules have applied since July 1, 2022 (SB21-091). Card network rules apply on top.
What Colorado law says
The rules are in Colorado Revised Statutes section 5-2-212 (C.R.S. title 5, 2024 printout).
Two ways to set the amount. You pick one.
- “An amount not to exceed two percent of the total cost to the buyer or lessee for the sales or lease transaction.”
- Up to the merchant discount fee you actually paid to your processor for that payment.
Signs. The law sets out the sign text. You post it at your premises. Online, you show it before the customer completes the purchase.
Receipts. The surcharge must be its own line on the receipt. Only one card surcharge per transaction.
No surcharge on: cash, check, debit cards (with or without a PIN), payments processed as debit, or gift card redemptions.
One limit on our check: we read the 2024 printout of the statutes. We haven’t checked for changes made in 2025 or 2026.
Card network rules that apply in Colorado (and everywhere)
- Credit cards only. Visa says “debit cards and prepaid cards cannot be surcharged” (Visa Q&A). Mastercard says surcharges “are not allowed on Debit Mastercard or Mastercard prepaid cards” (Mastercard).
- Caps. Visa: the lower of your merchant discount rate for that card or 3%. Mastercard: the lower of your average effective rate for Mastercard credit or 4%.
- 30 days’ notice. Visa: “Merchants must notify their acquirer 30 days before they begin surcharging” (Visa). Mastercard wants notice to both Mastercard and your acquirer.
- Disclosure. Visa wants notice at the point of entry, at the point of sale, and on every receipt.
- Amex. No stated percentage cap. Fees on Amex can’t be higher than on other payment products (Amex guide).
What this means in practice
Where Colorado and the card networks both apply, the stricter rule wins.
- On the 2% method, your limit is 2%. That is lower than Visa’s 3% or Mastercard’s 4%, so Colorado sets the cap. On a $50 sale, the most you can add is $1.00.
- On the actual-fee method, you can’t go above what you really paid, and the network caps still apply. You’ll need your statement to show the real fee.
- Debit pays the plain price. Your terminal has to tell debit from credit, including debit cards run as credit.
- Sign first, then surcharge. Post the required sign and give your provider 30 days’ notice before you start.
If 2% doesn’t cover your card costs, you carry the rest yourself. Lowering the cost itself works on every card, debit included.
Keep reading
- Credit card surcharge rules by state: card network rules and every state we’ve verified.
- Cash discount programs, explained: how a real discount differs from a surcharge.
- Interchange-plus vs flat rate: which pricing model costs less.
Common questions
Are credit card surcharges legal in Colorado?
Yes, with limits. Colorado law lets a seller surcharge credit cards up to 2% of the total, or up to the merchant discount fee it actually paid, and the seller picks one method. You must post the sign the law sets out, show the surcharge on its own receipt line, and never surcharge debit, cash, check or gift cards.
What is the maximum credit card surcharge in Colorado?
Colorado gives two choices: "An amount not to exceed two percent of the total cost" of the sale, or the merchant discount fee you actually paid to your processor. Card network caps apply on top. Visa allows the lower of your rate for that card or 3%, and Mastercard the lower of your average rate or 4%.
Can I surcharge debit cards in Colorado?
No. Colorado law bars a surcharge on cash, check, debit card payments with or without a PIN, payments processed as debit, and gift card redemptions. Visa and Mastercard also ban surcharges on debit and prepaid cards. Visa says this holds even when a debit customer picks "credit" at the terminal.
Do I need a sign to surcharge in Colorado?
Yes. Colorado law sets out the sign text, and it must be posted at your premises. For online sales, it must be shown before the customer completes the purchase. Visa also wants notice at the point of entry, the point of sale and on every receipt. Ask your provider for the exact wording.