Although the proposal is sure to encounter opposition, Visa intends to reduce the maximum surcharge that retailers and other merchants may apply on credit cards propcessing. Visa’s Surcharging announcement is causing a commotion in the world of surcharging and payment processing.
The Basics
Visa, one of the largest payment networks for credit cards, has revealed plans to restrict credit card surcharges. They are planning to reduce the maximum credit card surcharge limit. This decision can significantly impact the small businesses that charge an additional fee on credit card transactions to cover the merchant’s cost of processing payments.

In this article, we will explore adding convenience fees to credit card purchases. We will also examine Visa’s surcharge policies and their legality. Finally, we will discuss Visa’s reasons for this shift and its potential impact on the payment ecosystem.
Surcharging Fees Explained

Surcharging is the practice of adding a small fee on top of a credit card transaction as a convenience fee. The practice of collecting an extra fee on credit card transactions allows businesses to recover some of the costs associated with accepting credit card payments from their clients. Such fees are typically a percentage of the total amount paid using a credit card. As costs continue to rise, merchants are learning to use credit card surcharges to pay their processing costs and maintain their business’ profitability.
Processing costs have been an ongoing conflict between merchants and the card brands who control them for years. Government agencies enforce strict credit card surcharge laws, such as listing the surcharge amount as a separate line item on a receipt, and some states even prohibit credit card surcharges entirely. Today, a few states allow the practice, making it a less vital option to help merchants pay their processing costs.
Surcharging vs. Cash Discount Programs
While both surcharging and cash discount programs seek to alleviate the expense of processing costs a merchant pays, they work in very different ways. Understanding these distinctions is crucial for retailers looking to navigate the evolving payment market and build the most affordable business management practices.
Credit Card Surcharging

Surcharging is the practice of applying an additional convenience fee, typically a percentage of the entire transaction value, to credit card purchases. As previously indicated, this strategy enables businesses to charge consumers for the cost of their credit card surcharges and processing expenses. In contrast, surcharging is governed by laws and caps, as demonstrated by Visa’s recent decision to lower its maximum fee threshold.
Cash Discounting
On the other hand, cash discount campaigns encourage customers to use money or other non-credit card payment methods by offering a discount on the total transaction value. Customers who pay with a recognized form of payment other than a credit card receive a discount on the merchant’s fees at the time of sale, even though the actual cost and quoted pricing for using a credit card are more significant under this strategy. This reduction of the cash price, up to 4%, helps merchants pay credit card processing expenses without explicitly punishing customers who pay with a credit card.
What’s the Difference?
The only noticeable difference between these two techniques is that the additional cost is tacked on to the quoted price with surcharging. Cash discounting reduces the cost from the original price when you use a credit card.
The biggest compliance difference between these two payment options for retailers is that while surcharging credit cards is still illegal in some states and territories, cash discounts are legal everywhere in the US.
Credit Card Surcharge Laws
Government agencies at both the state and the federal levels have guidelines regarding surcharging. In some places, their is a prohibition on the process entirely. If a merchant adds a surcharge, it must disclose the fee amount to customers. Also, they cannot charge more than what it actually costs to complete the transaction.
Customers who desire to avoid the surcharge fee can use an alternative payment method, such as physical money or a debit card, instead of using the credit card option. Merchants not looking to charge convenience fees may opt for other ways to reduce the total cost of their payment processing services, such as a cash discount program.
Restrictions on Credit Card Surcharges

Only two states and one US territory will continue to forbid credit card surcharging as of early 2023:
Connecticut
Massachusetts
Puerto Rico
Anti-surcharging laws in these states are still in existence. However, they are no longer entirely valid because of recent court rulings:
California
Florida
Kansas
Maine
New York
Oklahoma
Texas
Utah
Some states have even created their own rules for imposing surcharges on credit card purchases. In New York and Maine, state law requires merchants to post both the cash and credit card prices, including any convenience fees, as a separate line item. Government agencies and educational institutions can impose surcharges under different state laws and regulations. They can do it even in states where consumer firms don’t have permission to do so.
Visa’s Reason for Reducing the Surcharging Maximum:

Visa’s main reason for lowering the maximum credit card surcharge was to maintain a fair payment system. The company aims to protect consumers from excessive surcharge fees. The change also promotes a more transparent and equitable payment environment.
Many regions have different anti-surcharging laws, and some have already set a cap on or prohibit surcharges entirely. Others have specifically outlawed the practice of adding a surcharge fee on debit cards and prepaid cards. The decision by Visa to lower its surcharge maximum lines up nicely with this legislation and shows the company’s dedication to protecting consumers.
The Effect on Merchants:

Previously, businesses could add a processing fee of up to 4% when customers paid by credit card. Visa has now lowered its maximum surcharge cap to 3%. This change may encourage customers to choose Visa cards instead of paying with cash.
Visa’s new surcharge fee maximum will likely confuse financial institutions and merchant account providers alike. Small businesses that have been absorbing the cost of their credit card fees may benefit from a more level playing field due to lower credit card surcharges and convenience fees. They can effectively compete with merchants who have utilized a brand-level surcharge to cover their credit card fees.
Businesses that rely on credit card surcharges may need to rethink their pricing strategies. They may also need to explore other ways to reduce payment processing costs. Smaller businesses could face greater financial pressure after Visa lowers its surcharge maximum.
Consumer Effects on Credit Card Surcharging:
Visa’s decision to reduce its credit card surcharge maximum could lower overall surcharge rates. Businesses may adjust their pricing to comply with the new merchant surcharge cap. Consumers could benefit from lower transaction costs and reduced credit card surcharges. This could result in more inexpensive credit card purchases, which could be balanced by requiring minimum purchase amounts.
Yet, it is crucial to be mindful that merchants’ responses to the shift will decide the extent to which customers are affected. To compensate for the revenue loss from the reduction of credit card surcharges, some businesses may raise product prices.
On the other hand, some businesses may opt to absorb their credit card and debit card fees or explore alternate payment methods with cheaper pricing for credit card surcharges and credit card processing fees.
Why Businesses May Still Offer Cash Discounts of Up to 4%:
Despite the changes in Visa’s surcharge limit, merchants can continue to run their cash-discount programs. This is because cash discount programs are not subject to the same restrictions and separate laws as surcharging. These types of discount programs are commonly viewed as a legitimate method through which merchants can avoid incurring additional costs due to credit card processing.
Benefits of Cash Discount Programs:
Cost Savings:

Merchants and financial institutions can encourage non-credit card payments by offering discounts. They can also avoid convenience fees on these transactions. Businesses and educational institutions conducting a large amount of credit card transactions may save considerable money.
Cash discount programs do not follow the same restrictions as credit card surcharging programs. They do not add convenience fees to credit card transactions. This makes cash discount programs appealing to businesses seeking to reduce processing costs. They can offset expenses without violating payment card network restrictions.
Customer Satisfaction:
These programs can assist in sustaining customer happiness by providing concrete incentives for utilizing other payment methods rather than credit card purchases. Rather than charge fees to save money, the merchant offers a discounted price to customers. This technique gives customers the impression that they are getting a discount for using a specific payment method instead of being charged a surcharge fee.
Conclusion:

The payment card network may face short-term interruptions while merchants and consumers adjust to specific rules around the new fee cap. Nonetheless, this move can potentially create a more egalitarian and cost-effective environment for credit card and debit card transactions in the long run.
Merchant and consumer reactions will ultimately determine the impact that Visa’s decision will have on financial institutions. Businesses can adapt to changes in credit card processing by staying informed about legal developments. They can also adjust their pricing strategies as needed.
Visa’s lower surcharge cap may affect strategies for managing credit card processing costs. Cash discount programs remain a viable option for businesses. Merchants should choose cost-saving methods that follow applicable laws and payment network guidelines. Understanding surcharge and cash discount programs can also help businesses improve customer satisfaction.