Is it illegal for some MS restaurants to charge extra for using a credit card? What the law says

If you’ve ever dined at a Mississippi restaurant and been surprised by an extra charge for paying with a credit card, you may have wondered if there’s a way around it.

A few states — including Connecticut, Maine and Massachusetts — prohibit sellers from adding a surcharge to credit card transactions, but Mississippi is not one of them.

Restaurants and other vendors in the Magnolia State are allowed to add fees to cover credit card processing, but there are strict requirements to do so, according to experts.

Here’s what you should know about extra fees for using credit cards in Mississippi.

What is a credit card surcharge?

A surcharge is an extra fee that a seller can add to a consumer’s bill to cover processing costs for paying with a credit card, according to Visa, a leader in digital payments.

The maximum a business can charge for using a credit card in the United States is up to 4%, according to Stax Payments, a payment technology platform.

Why a credit card surcharge program?

Having a credit card surcharge program can be beneficial for some sellers, including small businesses. These extra fees are used to cover the cost of processing fees that come with accepting credit card payments and often fall on the seller, experts at Stax Payments said.

MS credit card surcharge guidelines

While Mississippi restaurants and other businesses can charge extra for paying with a credit card, they have to follow certain guidelines, according to experts at LawPay, an online payment platform for law firms.

The typical surcharge is between 2% and 3%, experts said.

Here’s what businesses can’t do when using a credit card surcharge program, according to Stax Payment experts:

• Charge more than 4%
• Use a surcharge for a profit
• Apply surcharges to debit cards
• Hide the extra fee from consumers
• Not clearly list it in the receipt

In addition to these rules, sellers must also follow certain rules set by the credit card company, experts said.

This story was originally published November 19, 2025 at 5:00 AM.

Natalie Demaree

mcclatchy-newsroom

479-616-0125

Natalie Demaree is a service journalism reporter covering Mississippi for McClatchy Media. She holds a master’s in journalism from Columbia Journalism School and a bachelor’s in journalism and political science with a specialization in African and African American Studies from the University of Arkansas.