New Jersey credit card surcharge law
Yes — New Jersey allows credit surcharges up to your actual processing cost.
Rule: N.J.S.A. 56:8-156.1–156.2 allows a surcharge up to the merchant’s actual cost to process the credit-card payment, with location-specific disclosure rules.
Disclosure: Disclose the surcharge amount before the customer incurs a charge (point of entry and point of sale for most businesses; menu rules for restaurants).
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 $3.00 (customer pays about $103.00).
Open the surcharge calculator with New Jersey preselected
Sources
- N.J.S.A. 56:8-156.2 (P.L.2023, c.146)
- NJ Division of Consumer Affairs — credit card surcharges FAQ (PDF)
- Visa U.S. merchant surcharging Q&A
- Mastercard merchant surcharge rules
Last reviewed: October 7, 2026
This page is for general information only and is not legal advice. Rules change—verify with primary sources and professional counsel before surcharging.