General information, not legal advice. Check with a Pennsylvania attorney before you change how you price or add any fee.
Pennsylvania's surcharge rules
No surcharge-specific statute
We didn't find a Pennsylvania statute that bans, caps, or sets disclosure rules for credit card surcharges, and the National Conference of State Legislatures' state table lists Pennsylvania as having none. That doesn't mean anything goes.
The Unfair Trade Practices and Consumer Protection Law
Pennsylvania's Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 and following) is the general rule that applies to pricing. Its list of unfair or deceptive practices includes:
- making false or misleading statements about the reasons for, existence of, or amounts of price reductions, which matters if you advertise a "cash discount"; and
- any other fraudulent or deceptive conduct that creates a likelihood of confusion or misunderstanding, which is where a surprise fee at the register could land.
The Attorney General or a district attorney can seek an injunction, and a court can add civil penalties of up to $1,000 per willful violation, or up to $3,000 when the person harmed is 60 or older. Consumers can also bring private suits for their losses.
A bill to watch: HB 1780
House Bill 1780, the proposed Transparent Payment Fees Act, would require merchants to disclose any credit card surcharge before the transaction is completed and would cap it at the merchant's actual cost to process the payment. The House consumer protection committee reported it in June 2026, and as of the General Assembly's site on October 31, 2026, its last action was being laid on the table on September 8, 2026. It isn't law. We'll update this page if it passes.
Card-network rules
Since state law is quiet, the network rules are the specific ones you'll be held to. Under Visa's U.S. rules, a surcharge can only apply to credit cards, never debit or prepaid cards, even when a debit card is run as "credit." It's capped at your merchant discount rate for that card or 3%, whichever is lower. You have to notify your processor 30 days before you start and disclose the surcharge at the point of entry, the point of sale, and as a separate line 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.
Surcharging vs. dual pricing
- Surcharging adds a fee at checkout for credit cards only, within the network limits above.
- Dual pricing (sometimes called cash discounting) posts a cash price and a card price everywhere prices appear, so the customer sees both before paying. Visa describes a proper cash discount as posting either the card price only, or both prices side by side.
Either can be done honestly in Pennsylvania. What causes trouble is a "discount" that isn't really a discount, or a fee the customer first sees on the receipt.
What Pennsylvania businesses ask about
- Restaurants, taverns, and pizza shops want clear menu wording and tip handling if they post cash and card prices.
- Farm markets and roadside stands in Lancaster, Bucks, and Chester counties need mobile or Bluetooth readers that work outdoors and at markets.
- Auto repair, HVAC, and other trades invoice in the field and often want card and ACH on the same invoice, plus a virtual terminal for phone payments.
- Lodges, wedding venues, and outfitters in the Poconos and northern tier take deposits by phone or online.
- Retail and convenience stores with thin margins want to know whether interchange-plus or dual pricing makes more sense for their card mix.
Your options, side by side
- Dual pricing (optional). Post a cash price and a card price, with signs and receipts set up to match.
- 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 Pennsylvania
Cash is still common at taverns, fire-company carnivals, flea markets, and small-town shops. 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 Pennsylvania?
We found no Pennsylvania statute that bans or caps them. Card-network rules still apply, and the state's consumer protection law prohibits deceptive pricing, so disclose any fee clearly before the customer pays.
Is there a cap on surcharges in Pennsylvania?
Not in state law today. Visa caps credit card surcharges at your cost for that card or 3%, whichever is lower. HB 1780 would cap them at actual cost, but it hasn't passed.
Can I offer a cash discount?
Yes, as long as it's a real discount and you describe it truthfully. Pennsylvania law prohibits misleading statements about price reductions.
Can I surcharge debit cards?
No. Card-network rules don't allow surcharges on debit or prepaid cards.
Do you work with Pennsylvania 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 dual pricing, interchange-plus, flat-rate, and your current setup for your Pennsylvania business.
