General information, not legal advice. Check with a Maryland attorney before you change how you price or add any fee.
Maryland's card fee rules
Cash discounts are protected: Com. Law § 12-509
Section 12-509 of the Commercial Law Article says that, notwithstanding any agreement to the contrary between a seller and a card issuer, a seller may offer a cash discount to consumers who pay cash instead of using a credit card. It's a short statute dating from 1975. It doesn't set disclosure rules, and it doesn't address surcharges at all.
No surcharge statute
We didn't find a Maryland statute that bans or caps credit card surcharges. A 2024 bill (SB 520 / HB 1481) would have limited surcharges to the business's actual processing cost, but the Legislature's records show it never got past the committee stage. We found no surcharge cap enacted in 2025 or 2026. Card-network rules set the limits.
The Consumer Protection Act: Com. Law § 13-301
Maryland's list of unfair, abusive, or deceptive trade practices includes any false or misleading statement that has the capacity to mislead consumers, and any failure to state a material fact if it deceives or tends to deceive. For card pricing, that means a fee disclosed only on the receipt, or a "cash discount" that isn't a real discount off a posted price, is a risk.
New in 2026: cash must be accepted for essentials (Com. Law § 14-1330)
House Bill 191 (2026), Chapter 714, signed May 26, 2026, took effect October 1, 2026. Between 6 a.m. and 10 p.m., a merchant may not:
- refuse cash for an essential consumer good, meaning food, water and other beverages, personal hygiene and cleaning products, health products, and fuel;
- require a credit or debit card to buy one; or
- charge more for paying cash than for an equivalent cashless sale, whether or not the difference is called a fee.
It applies only to in-person sales at a retail establishment under $300. It doesn't apply to phone, mail, or online orders, vending machines and kiosks, merchants that mainly sell food or drinks for on-premises consumption, or limited-variety gourmet and specialty food sellers. A merchant can decline bills larger than $20, or go cashless if it keeps a working device on site that converts cash to a prepaid card without a fee. The Attorney General must give at least two chances to comply before fines apply.
This doesn't stop dual pricing, since a cash price is lower, not higher. It matters most for card-only convenience, grocery, and pharmacy-type stores.
Card-network rules
Under Visa's U.S. rules, a surcharge applies to credit cards only, never debit or prepaid cards, even if a debit card is run as "credit." It's capped at your merchant discount rate for that card or 3%, whichever is lower. You must notify your processor 30 days before you start and disclose the surcharge at the point of entry, the point of sale, and on the receipt. A pending Visa/Mastercard settlement, with a fairness hearing set for November 16, 2026, may change some network rules if it's approved.
What Maryland businesses ask about
- Restaurants and crab houses want menu wording that shows both prices, and tip screens that calculate correctly.
- Ocean City and Eastern Shore seasonal shops see a summer rush of out-of-state rewards cards, which changes whether flat-rate or interchange-plus fits better.
- Convenience and grocery stores that went card-only need to plan for the October 2026 cash rule.
- Contractors and medical offices in the D.C. and Baltimore suburbs want card and ACH on invoices and a virtual terminal for phone payments.
Your options, side by side
- Dual pricing or a cash discount (optional). Post the card price and a lower cash price, which § 12-509 protects.
- Interchange-plus. You pay the network cost plus a disclosed fixed markup.
- Flat-rate. One rate per transaction, easy to plan around.
- Square, if you prefer it. We'll include it in your comparison.
Through our processing partners we offer countertop terminals, POS systems, mobile and Bluetooth readers, and virtual terminals. Results depend on your volume, card mix, and current contract, so we don't promise savings before reviewing a statement.
ATMs in Maryland
Cash use is getting a legal boost in Maryland, and it still moves at bars, marinas, festivals, and boardwalk stands. If you want your own ATM:
- You buy and own the machine. It's a purchase, not a loan.
- You load and run it, including how much cash goes in and when.
- Terms are subject to the partner agreement, and every term is disclosed in writing before you sign.
- We don't promise monitoring, maintenance, or a revenue share. ATM surcharge income isn't guaranteed.
- Machines come through our ATM partner, and card processing comes through our processing partners.
FAQ
Are credit card surcharges legal in Maryland?
We didn't find a Maryland statute that bans or caps them, and a 2024 cap bill didn't pass. Card-network limits apply, and the Consumer Protection Act governs how you disclose the fee.
Can I offer a cash discount in Maryland?
Yes. Commercial Law § 12-509 lets a seller offer a cash discount even if a card issuer agreement says otherwise. Post both prices clearly.
Do I have to accept cash in Maryland?
Since October 1, 2026, many retailers must accept cash for in-person sales of essential goods under $300 between 6 a.m. and 10 p.m., with some exceptions. Restaurants that mainly serve food on-site are excluded.
Can I surcharge debit cards in Maryland?
No. Card-network rules don't allow surcharges on debit or prepaid cards, even when the customer chooses "credit."
Do you work with Maryland businesses?
Yes. We're based in Clifton, Tennessee, and serve merchants nationwide by phone and email.
Who owns an ATM I get through you?
You do. You purchase it outright and run it yourself, and the terms, which are subject to the partner agreement, are disclosed in writing first.
Get a no-obligation comparison
- Contact form: Request a comparison
- Email: payments@verturagroup.com
- Call or text: (931) 771-2735 · text us
- Book a time: pick a time on our booking calendar
Send a recent statement and tell us how your customers usually pay. We'll compare a cash discount, interchange-plus, flat-rate, and your current setup for your Maryland business.
