Visa dropped its cap to 3% in April 2023. Plenty of programs were set up before that and never changed.
Total monthly fees divided by total card volume. Work it out here if you don't have it.
Enter your rate and state to see where you stand
The Visa 3% cap took effect 15 April 2023 and applies as the lower of that figure or your merchant discount rate. The published Mastercard maximum is 4%, with the same cost-of-acceptance limit underneath it. Both networks prohibit surcharging debit and prepaid cards entirely. Surcharging also requires 30 days advance written notice to the card networks and your acquirer, plus disclosure at the entrance, at the point of sale, and on the receipt.
This is general information, not legal advice, and we are not a law firm. Surcharging rules change, vary by state, and several state statutes have been challenged in court. Where published guidance conflicts we say so rather than guess. Confirm anything you intend to rely on with your own counsel.