Is credit card surcharging legal in Nevada?
Yes. Credit card surcharging is legal in Nevada, with conditions: according to the Nevada Attorney General, the surcharge may not exceed what the merchant pays to accept the card, it must be posted at the point of entry and the point of sale, and it must be itemized on the receipt. Debit and prepaid cards are never surcharged.
Last reviewed:
The Nevada surcharge checklist
- Eligible credit cards only. Never debit or prepaid cards.
- No more than your cost of acceptance. The surcharge can’t exceed what you actually pay to accept the card, and it can’t go above the card-brand maximum.
- Post signs at the entrance and at the point of sale that clearly explain the surcharge.
- Itemize it on the receipt as its own line.
- Notify the card brands before you start, as card-brand rules require.
- Keep records of your actual processing cost so you can document the policy if a customer asks.
Where Nevada’s rules come from
Nevada’s surcharge rules come mainly from Nevada Attorney General consumer-protection guidance and the state’s Deceptive Trade Practices law (NRS Chapter 598), which prohibits misleading pricing, together with card-brand rules. In its 2020 release, the Attorney General said surcharges are legal but “may not exceed how much the merchant pays to accept the card – typically 1 to 1.5%,” and that merchants cannot bury fees on a bill without notice.
Surcharge or cash discount?
A surcharge keeps your cash price and adds a disclosed amount to eligible credit. A cash discount does the opposite: the posted price includes card costs and cash or check pays less. Nevada law (NRS 97A.210) says card issuers may not prohibit cash discounts. Compare them in Surcharge vs Cash Discount vs Flat Rate.
How CMS Card Services sets up a Nevada surcharge
CMS Card Services sets your surcharge from your own cost of acceptance, confirms signage and receipt wording, and completes card-brand notice before anything goes live. See the Nevada Surcharge Program for details.
General information, not legal advice. Rules can change; CMS Card Services confirms current requirements during enrollment.
Common questions
Is credit card surcharging legal in Nevada?
Yes, with conditions. The Nevada Attorney General says credit card surcharges are legal but merchants must follow guidelines: the surcharge may not exceed what the merchant pays to accept the card, signs must be posted at the point of entry and point of sale, and the surcharge must be itemized on the receipt.
What is the maximum surcharge in Nevada?
The limit is the merchant’s actual cost of accepting the card, and the card brands also set their own maximum. The Nevada Attorney General’s 2020 guidance notes that this cost is typically 1 to 1.5% and tells consumers to ask for documentation of the policy when a surcharge exceeds 1.5%, so merchants should keep records showing their real cost of acceptance.
Can Nevada businesses surcharge debit cards?
No. Card-brand rules do not allow surcharges on debit or prepaid cards, and the CMS Surcharge Program never surcharges them.
Do I have to tell the card brands before I start surcharging?
Usually, yes. The Nevada Attorney General notes merchants may need to notify the credit card company before imposing a surcharge, and card-brand rules require advance notice. CMS Card Services handles this as part of enrollment.
Is a cash discount the same as a surcharge in Nevada?
No. A cash discount posts a card-inclusive price and gives a discount for cash or check. Nevada law (NRS 97A.210) says a card issuer may not prohibit a merchant from offering that kind of discount.
Is this legal advice?
No. This page is general information based on official Nevada sources and card-brand practice. Rules can change; talk to your attorney for advice about your business.
See your own numbers
Upload a recent processing statement and CMS Card Services compares Flat Rate, Surcharge and Cash Discount on your real volume. Free, no obligation; final pricing is confirmed before activation.