Currently, state laws vary significantly regarding whether photographers can pass along processing fees to their clients. Some states allow businesses to pass on the entire cost, while others cap the percentage that can be passed on. Still, others prohibit the practice entirely. Photographers must familiarize themselves with their state's laws to ensure compliance.
States Where Credit Card Surcharges Are Illegal Currently, credit card surcharging is illegal in the following states and territories:
As of February 11, 2024, it is illegal for New York merchants to separately list the pre-surcharge subtotal or even the separate line item surcharge amount. Listing the surcharge as a line item is required to comply with card brand rules. This means that, as of the time of writing, New York conflates “surcharging” with what is generally understood by the payments industry to be a cash discount model, while effectively banning “surcharging” as that term is understood by the industry and card brands.
States Where it is Legal but with Restrictions:
In some of the states below, there may be certain restrictions on credit card surcharging (based on state attorney general guidance or bar rules)—and in others on the list, anti-surcharging laws still exist but aren’t necessarily enforceable as a result of recent court decisions:
Please reach out if you need more clarity on your state. We are here to help 🙂
Updated 2/24/25