Buddy the Banking Badger
Buddy’s Money Saving Tips
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If You Surcharge, Follow the Rules Exactly
CardBeyond the state-by-state legal landscape discussed elsewhere in this collection, surcharging is also governed by a separate, independent layer of rules set directly by the card networks — rules that apply uniformly nationwide regardless of what your specific state permits, and that must be followed even in states where surcharging is broadly allowed. Getting the state law right isn't sufficient on its own; you also need to comply with network-specific requirements. The core network rules include a cap on the surcharge amount — commonly around 3% for Visa transactions, with the specific ceiling being whichever is lower between the network's published cap and your actual, real cost of accepting that card — along with strict disclosure requirements, including clear signage at the point of entry and checkout, and an itemized surcharge line on the customer's receipt. Perhaps most critically, and most commonly violated by accident: a surcharge can never be applied to a debit or prepaid card transaction, even one that a customer chooses to run through a credit network rather than entering a PIN. Your point-of-sale system needs to be capable of reliably distinguishing between true credit and debit transactions in order to apply a surcharge correctly and legally. The consequences for getting this wrong aren't trivial — violations of network surcharge rules can result in loss of your surcharging privileges specifically, additional monitoring, or in more serious cases, jeopardy to your broader merchant account relationship. If you're implementing or already running a surcharge program, it's worth a direct, specific conversation with your processor confirming that your POS system correctly enforces every one of these requirements, rather than assuming general awareness of the rules is sufficient.