Payment rules and notices
Illinois Credit Card Surcharge Law
Illinois credit card surcharge law is less settled than many owners expect, so check both state law and card network rules before you add a fee. This overview is general information, not legal advice or permission to surcharge.
Short answer
Can Illinois businesses add a credit card surcharge?
As of October 2026, as we understand it, Illinois does not appear to have a statute specifically banning or capping credit card surcharges. That is not blanket permission. Disclosure laws and card network rules still matter. Verify current Illinois law and consult your processor before changing checkout.
Illinois disclosure requirements still matter
As of October 2026, as we understand it, the Illinois Consumer Fraud and Deceptive Business Practices Act applies to how fees are disclosed. Hidden or misleading fees can create problems even without a specific surcharge ban.
Review menus, posted prices, checkout notices, and receipts together. A customer should not encounter a surprise charge after committing to a purchase. Ask an Illinois attorney how current disclosure requirements apply to your business.
Pending legislation can change the answer
Bills to regulate surcharges have been introduced in the Illinois General Assembly. A proposal is not the same as an enacted law. Check the published statutes and any applicable effective dates rather than relying on an old summary.
Rules vary by state and can change. Before surcharging, verify current Illinois law with the Illinois General Assembly’s published statutes or an Illinois attorney. Do not treat this page as a substitute for that check.
Keep interchange legislation separate
Illinois also passed the Interchange Fee Prohibition Act. It concerns interchange on the sales tax and tip portion of a transaction, a different issue from surcharging customers.
Its start date and scope have been delayed and challenged in court. Check its current status before drawing conclusions about your processing costs or payment setup. It should not be treated as authorization to add a customer fee.
Confirm card network rules with your processor
Card network requirements apply on top of state law. Confirm notice to your processor before starting, applicable caps, and the exclusion of debit cards. Ask about disclosure at entry and checkout and a separate receipt line.
Have your processor review the configured payment flow, including debit identification and online notices. For a free statement review, we read every line of one recent statement and explain each fee. That review does not replace legal guidance.
Common questions
Still not sure? Ask us directly.
Does no specific ban mean I can start?
No. Verify current Illinois law and obtain processor confirmation of applicable card network rules before adding a surcharge.
Can I surcharge debit in Illinois?
Card network surcharge rules exclude debit cards. Confirm that your system identifies debit correctly, regardless of how the customer completes payment.
Does the interchange law govern customer surcharges?
It addresses interchange on tax and tips, which is a separate issue. Its disputed status needs a current check.
Where should I verify the law?
Use the Illinois General Assembly’s published statutes or consult an Illinois attorney. Ask your processor separately about current card network requirements.
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