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
You can’t surcharge credit cards in Massachusetts. State law bans it. You can offer a discount to people who pay by cash or check, as long as you offer it to everyone and disclose it clearly.
What Massachusetts law says
Massachusetts General Laws chapter 140D, section 28A says (M.G.L. c.140D §28A):
“No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means.”
The same section protects cash discounts. Card issuers can’t stop a seller from offering one. It refers to “any discount from the regular price offered by the seller for the purpose of inducing payment by cash, check or other means.” A cash discount is not a finance charge if it’s offered to all buyers and disclosed clearly and conspicuously.
Is a change coming? Bills to change the law, such as S.2819 in the 194th General Court, showed up in our search. We didn’t find any confirmed as passed. Until one is, the ban above is the law we read.
Card network rules still matter
Massachusetts bans surcharges, so the card network surcharge rules don’t open a door here. Visa’s own 2024 Q&A lists Massachusetts among the places it understood to prohibit surcharging (Visa Q&A).
The network rules do matter if you offer a cash discount. Visa says a real cash discount shows either the card price only, or the card and cash prices side by side. The card total has to come from your posted prices, not from a fee added at payment. If it’s done by “applying an additional fee for a card payment,” Visa says it “may appear to be, and may be treated as, a surcharge” (Visa Q&A).
What this means in practice
- Don’t add a credit card fee at checkout. That’s the thing the law bans.
- A discount has to be a real discount. Your posted price is the regular price. People paying by cash or check pay less.
- Offer it to everyone and say so clearly. That’s what keeps it from being a finance charge under the law.
- Be careful with “cash discount” programs that add a line to the receipt at payment. Visa may treat those as a surcharge. Read our cash discount program guide before you sign up for one.
Since you can’t pass the fee on, the best lever left is the fee itself.
Keep reading
- Credit card surcharge rules by state: card network rules and every state we’ve verified.
- Cash discount programs, explained: the federal rules and the line Visa draws.
- Credit card processing fees, explained: what every line on your statement means.
Common questions
Are credit card surcharges legal in Massachusetts?
No. Massachusetts General Laws chapter 140D, section 28A says no seller "may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means." Bills to change this have been filed, but we have not confirmed that any has become law.
Can I offer a cash discount in Massachusetts?
The same section says card issuers cannot stop sellers offering a discount for paying by cash or check. A cash discount is not a finance charge if it is offered to all buyers and disclosed clearly and conspicuously. Visa warns that a card price built by adding a fee at payment may be treated as a surcharge.
Did Massachusetts change its surcharge law?
Not that we could confirm. Bills to change it, such as S.2819 in the 194th General Court, showed up in our search. We did not find any confirmed as passed into law. The ban in chapter 140D, section 28A is the text we read on the state legislature's site on October 19, 2026.