Merchant services · Washington

Merchant Services in Washington

Washington's small businesses include Seattle coffee shops and food trucks, Tacoma and Spokane bars, Yakima Valley fruit stands and wineries, San Juan Islands outfitters, and Olympic Peninsula motels and tackle shops. Card payments dominate in most of them, and owners regularly ask whether a card fee is allowed. Washington doesn't have a statute specifically about card surcharges, but the Attorney General has gone after undisclosed fees under the Consumer Protection Act, including a 3% fee on food and drinks. Here's what we verified, and the processing and ATM options we offer Washington merchants.

General information, not legal advice. Check with a Washington attorney before you change how you price or add any fee.

Washington's surcharge rules

No surcharge-specific statute for private businesses

We didn't find a Washington statute that bans, caps, or sets disclosure rules for credit card surcharges charged by private businesses, and the National Conference of State Legislatures' state table lists Washington as having none. The one recent law we found on card-cost recovery, RCW 47.60.860, applies only to Washington State Ferries.

The Consumer Protection Act and hidden fees

RCW 19.86.020 makes unfair or deceptive acts or practices in trade or commerce unlawful. The Attorney General's office uses it against fees that customers don't see coming. In a September 2024 settlement, an arena that added an undisclosed 3% fee to food and beverage purchases agreed to pay $477,917 in penalties and refunds and to disclose all fees going forward. The fee hadn't been shown at the kiosks or in digital payments, and customers learned about it only if they asked for a receipt. The Attorney General's summary was direct: if you charge a fee, you must clearly disclose it before someone pays.

That's the practical rule for any card fee in Washington. Post it where customers see it before they order or pay, not only on the receipt.

Restaurants: "service charge" has a specific meaning

RCW 49.46.160 says an employer that adds an automatic service charge for food, beverages, entertainment, or porterage must disclose, on the itemized receipt and on any menu, what percentage of that charge goes to the employees serving the customer. The definition covers any separately listed amount customers might reasonably believe is for employee services. If your card fee is labeled something like a "service charge," it can get pulled into this rule, so call a card fee what it is.

Sales and B&O tax

The Department of Revenue's rule WAC 458-20-108 treats the fee a card company charges you as part of your cost of doing business, so you can't deduct it when figuring B&O or retail sales tax. Ask your tax preparer how any surcharge or cash price you add should be reported.

Card-network rules

Under Visa's U.S. rules, a surcharge applies to credit cards only, 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 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. Visa describes a proper cash discount as posting either the card price alone or the card and cash prices side by side. 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 disclosed fee at checkout on credit cards only, within the network limits.
  • Dual pricing (often called cash discounting) shows a cash price and a card price wherever prices appear, so the customer sees both before paying.

Either can be done openly in Washington. The Attorney General's cases show what goes wrong: a fee nobody mentioned until after payment.

What Washington businesses ask about

  • Coffee shops and quick-service spots run lots of small tickets, where per-transaction fees add up and flat-rate vs. interchange-plus matters.
  • Restaurants and bars want menu wording for card and cash prices that stays clear of the service-charge rule.
  • Wineries and tasting rooms in Walla Walla and Woodinville need countertop terminals and event readers.
  • Outdoor and tourism businesses on the islands and peninsula take deposits online or by phone and need a virtual terminal.
  • Farm stands and market vendors need mobile or Bluetooth readers that work outdoors.

Your options, side by side

  1. Dual pricing (optional). Post a cash price and a card price, with signs, menus, and receipts set up to match.
  2. Interchange-plus. You pay the network cost plus a disclosed fixed markup.
  3. Flat-rate. One rate per transaction, easy to plan around.
  4. 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 Washington

Cash still matters at bars, bowling alleys, flea markets, and county fairs. 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 Washington?

We didn't find a Washington statute that bans or caps them for private businesses, so card-network limits apply. The Consumer Protection Act still requires clear disclosure before the customer pays.

What happens if a card fee isn't disclosed?

The Attorney General treats undisclosed fees as a Consumer Protection Act violation. One 2024 settlement over a hidden 3% food and beverage fee totaled $477,917 in penalties and refunds.

Can I call my card fee a service charge?

It's better not to. Washington's service-charge law requires restaurants to disclose what share of a service charge goes to staff, and a card fee labeled that way can be swept in.

Can I surcharge debit cards?

No. Card-network rules don't allow surcharges on debit or prepaid cards.

Do you work with Washington 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

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 Washington business.