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Colorado credit card surcharge law

Yes — Colorado allows credit surcharges up to 2% of the total OR up to your actual merchant discount fee (pick one option), plus strict disclosure rules.

Rule: C.R.S. §5-2-212 (SB21-091): choose either (I) up to 2% of the total sale or (II) up to your actual merchant discount fee — alternatives, not the lesser of both. Under option (II) the Visa 3% cap still binds. Prescribed signage, separate receipt line, one surcharge per transaction, and no surcharge on cash, check, debit, or gift cards. HB25-1090 (all-in pricing, eff. 1 Jan 2026) may affect how prices are displayed.

Disclosure: Use the statutory signage wording and disclose before payment.

Debit: Debit cards may not be surcharged under Colorado’s statute.

What this means for a $100 sale: On a $100 credit-card sale at a typical 2.9% + $0.30 rate, a compliant surcharge might be about $2.00 (customer pays about $102.00).

Open the surcharge calculator with Colorado preselected

Sources

Last reviewed: October 7, 2026 · SB21-091; HB25-1090 effective January 1, 2026

This page is for general information only and is not legal advice. Rules change—verify with primary sources and professional counsel before surcharging.