Warning If You Use Bank of America For Credit Card Processing
Editor’s note. A version of this article was written for Entrepreneur and published on July 9, 2025. You can read the original on Entrepreneur.com. It also draws on a bonus chapter of my book, The Great American Heist, Special Edition for CEOs and CFOs.
Rewritten and expanded on August 8, 2026 to add the Visa and Mastercard interchange settlement, current fine schedules, and the consumer research. Rules described here are current as of August 2026.
I belong to a CEO peer group, and I love connecting with leaders who are further along in their journey. I work hard to keep my mouth shut and my ears open, because let’s be honest, they have far more to teach me than I have to teach them.
I used to think most business owners approached growth the same way, by learning from the people ahead of them. Lately I have started to wonder.
Because right now I am watching a surcharging frenzy unfold. Small and midsize merchants are racing to add extra fees to their customers’ bills to cover credit card processing costs. Yet not one major player is doing it. Not Apple. Not Walmart. Not Amazon. Not Target. Not Costco. In researching this for my book, I could not find a single one of the 500 largest companies in the United States adding a credit card surcharge, and many of them operate on some of the thinnest margins in business.
If anyone had the incentive, it would be them. Billions of dollars in card transactions run through their systems every year. A 1% to 3% surcharge would drop enormous money onto the bottom line tomorrow morning.
So what do they know that smaller merchants don’t?
A surcharge is an extra fee added at checkout when a customer pays with a credit card. It sounds simple. Staying compliant with the card brand rules and the state laws around it is anything but.
Most of the confusion, and most of the violations, come from merchants who think these four things are interchangeable. They are not, and the difference decides whether you are compliant.
It helps to know where the right to surcharge came from, because it explains why the rules feel designed to trip you. Surcharging was not a gift from the payments industry. It came out of a landmark antitrust settlement won by merchants who spent years fighting for the right to recover their processing costs. The networks complied. They were not happy about it. And each brand then wrote its own rulebook, independently, with its own caps, its own disclosure requirements, and its own enforcement.
So three separate rulebooks govern this: the card networks, your state, and your merchant agreement. All three apply at once, and the strictest one wins.
You may never surcharge a debit card, a prepaid card, or a gift card. Not in any state, not with any processor, not under any circumstance. This is prohibited nationwide under the Durbin Amendment and by card network rules, and running any of them as credit does not change it. Texas and Maine also ban it under state law, and Louisiana’s own debit surcharge ban takes effect August 1, 2026. This is the single most common violation we see, and it is usually a terminal configuration problem rather than a decision anyone made on purpose.
Each brand sets its own cap, and one rule overrides all of them. Visa dropped its ceiling from 4% to 3% in April 2023, and plenty of merchants still have not noticed. Mastercard allows 4%. American Express has no separate cap, but its non-discrimination rules effectively tie you to the lowest one you accept. Discover follows the general structure at 4%. Accept all four, as nearly everyone does, and 3% is your real ceiling. Then the rule that beats every one of those numbers: the surcharge may never exceed your actual cost of acceptance. If your true cost is 2.4%, your cap is 2.4%, and a flat 4% on Mastercard is very likely a violation no matter what the brand cap says.
You must notify your acquirer at least 30 days in advance, in writing. Visa’s October 2025 Core Rules refresh kept both the 3% cap and the 30-day notification requirement in place. Surcharging without that notice is a rule violation regardless of how compliant everything else is.
You must disclose it before the transaction completes. There are four separate places this has to happen, and the requirements are specific enough to be worth their own section below.
You cannot play favorites between networks. If a competing brand you accept prohibits surcharging, you cannot surcharge Visa either. Picking the expensive network and leaving the others alone is not allowed.
Disclosure is where compliant programs most often fail, because it is the part nobody owns. The processor sets the rate, the POS applies it, and the signage becomes somebody’s job that never got assigned.
Several states demand more than this. New York requires the total price a card customer will pay to be posted rather than just a percentage, and both New York and Maine expect the cash and card prices side by side.
When signage is wrong, you usually find out from a stranger. Visa and Mastercard use secret shoppers to check surcharge compliance in the field, and any customer can report a merchant through Visa’s rules complaint form.
A missing sign is enough to start the fine schedule at $1,000, and it escalates from there while the violation stands. Then your processor passes its own assessment through to you under the indemnity clause. A laminated sheet of paper is the cheapest compliance you will ever buy.
This is where it gets genuinely messy, and I want to be honest with you about how messy rather than hand you a tidy table that gives false confidence.
While researching this update, I pulled six published state-by-state surcharging guides, all written by payments companies, all updated in 2026. They contradict each other on California. Some list it as banned. Others say surcharging with proper disclosure is now generally permitted there.
If six payment industry sources cannot agree on whether it is legal in the most populous state in the country, that tells you everything about the risk of setting this up yourself from a blog post. Including this one. Talk to an attorney licensed in your state.
Merchants ask me what happens if they get it wrong, usually expecting to hear about a warning letter. The numbers are considerably less friendly than that, and they compound.
Visa’s non-compliance structure, as summarized by the law firm ArentFox Schiff from Visa’s own Core Rules, escalates on a schedule.
In December 2023, a payments processor sent a memo to its sales partners warning that merchant clients who did not comply with Visa’s surcharge rules could face fines between $50,000 and $1 million, and Payments Dive reported that Visa was stepping up enforcement. That range has been repeated across the industry ever since.
And this is not enforcement by complaint alone. Visa and Mastercard use secret shoppers to check surcharge compliance in the field. A customer can also report you directly through Visa’s rules complaint form. You will not necessarily know you are being reviewed until the assessment arrives.
This is the part of the conversation almost nobody has with merchants, and in my view it is the most important thing on this page. I have been writing and speaking about it for years, and it still surprises people every time.
Every merchant agreement I have ever audited contains an indemnity clause. The wording varies. The effect does not. It shields the processor from liability for the guidance it gives you. If your processor tells you to surcharge, sets it up incorrectly, and the card networks fine both of you, that clause lets them pass their penalty straight through to you.
You get hit twice. Once by the networks for the violation, and once again as a pass-through of the fine your processor received for the advice they gave you.
In all my years auditing merchant agreements, I have never once seen a processor agree to strike that clause. Not once. I have watched them walk away from signing a new account rather than give it up.
That should tell you exactly how valuable it is to them, and exactly how dangerous it is for you.
Now stack that on top of the economics, because this is where the incentive stops being subtle. When a processor sets up a flat surcharge program, they are not only earning on a larger ticket. They are frequently repricing the account at the same time, and the margin change is not small.
Read that table as the answer to a question you may not have thought to ask: why is your processor so enthusiastic about this? The same party assuring you the program is compliant is the party whose margin multiplies when you say yes, using an agreement that makes them unaccountable for the advice.
The mechanic is usually invisible from the merchant’s side. The processor sets a flat 3% charge to your customers and bills you roughly 3%, so the math appears to balance and you are told there is nothing to worry about. What that arrangement never asks is what your costs actually are, which is the only number that legally sets your ceiling.
This is not a hypothetical concern. Industry watchdogs have documented processors marketing surcharge programs with a fixed rate set above what Visa’s rules allow, and in some cases programming the equipment to charge above the permitted amount, without telling the merchant that the configuration itself is a violation. The merchant finds out when the assessment lands.
A business owner treats the twenty-four year old rep from their processor, a year out of college and three months into the job, as though the guidance carries the same weight as an opinion from a New York law firm billing $1,000 an hour.
It does not. The law firm carries malpractice insurance and can be sued if the advice is wrong. The rep carries a quota, and their employer holds a signed document saying you cannot hold them responsible.
I do not say that to insult anybody starting out in this industry. I started in it too, and I was confidently wrong about a great many things in my first year. The problem is not the rep. The problem is a structure where the person with the least training gives the highest-risk advice, profits when it is taken, and is contractually protected when it goes wrong.
Here is the asymmetry nobody names out loud.
When Walmart evaluates surcharging, the question goes to in-house counsel, outside firms, and a payments team of career experts who read the network rules for a living. They model the compliance exposure, the customer behavior, and the brand cost before anyone touches a terminal.
When a small or midsize business evaluates surcharging, it usually looks at two sources. What other small and midsize businesses down the street appear to be doing, which tells you nothing about whether those merchants are compliant or profiting. And their processor, who earns more when the answer is yes and holds an indemnity clause if the answer turns out to be wrong.
Two groups of business owners, facing the same decision, getting advice from opposite ends of the quality spectrum. They reach opposite conclusions. That is not a coincidence, and it is worth thinking about which end of that spectrum your own information came from.
Something else happened in 2026 that makes the point better than I can. Walmart and other large merchants went to federal court to object to the interchange settlement that hands them expanded surcharging rights. One of their stated concerns was the considerable work involved in building surcharge and discount programs at all. They were offered the tool and told a judge it was not worth what it costs to use.
Three reasons the big operators keep declining.
That last one is not theoretical either. Chris Marley, sales manager at Fort Smith Restaurant Supply, told me he was glad when his competitors started surcharging:
“When they started adding fees to their customers’ bills, people began coming to us instead, and they stayed.”
Chris Marley, Fort Smith Restaurant Supply
You may think you are protecting your margin. You may be funding your competitor’s growth.
When I wrote about this in The Great American Heist, I went looking for research that would complicate the picture. I did not find any. Surveys from J.D. Power, LendingTree, the Federal Reserve Bank of Boston, USA Today, and Payments.com all point the same direction.
Some merchants read that last number and think it sounds like good news. Fewer card transactions, fewer fees. Stay with that thought for a second, because it leads somewhere expensive.
Every one of those numbers describes consumers, and I know what a B2B merchant is thinking right now. That is retail. My buyers are professionals. They understand costs, they have accepted surcharging as the new cost of doing business, and they have moved on.
I test that claim for a living, in front of the exact audience in question.
When I speak at B2B conferences and CEO groups, I ask for a show of hands. When you are buying from a vendor and they surcharge you, do you accept it as the new normal, or do you start looking at other options?
Every hand in the room goes up for shopping around. Every single time.
These are sophisticated buyers. They are the same kind of people your customers are. They understand the economics of card acceptance perfectly well, and several of them surcharge their own customers. They still hate it. They still shop around. They still leave.
The sting is worst in long relationships. When a vendor you have used for years adds a surcharge, it does not read as a business decision. It reads as a signal that something changed, that you are now a transaction rather than a partner. Business buyers describe it to me in exactly those terms. They understand the reason and they still feel devalued by it.
Here is what makes B2B worse than retail rather than safer. Business buyers do not leave loudly. They do not complain, they do not post a review, and they do not tell you anything is wrong.
They quietly send the next RFQ to your competitor, and you find out months later when the renewal does not come. That silence is the most expensive sound in business.
Which also means a B2B merchant cannot measure this the way the math section above suggests. There is no bad review to point at. The revenue simply stops arriving from accounts you assumed were secure, and nothing on your statement will ever tell you why.
Cash and checks are not free. Studies put the true cost of handling them somewhere between 4.7% and 15.3% once you count everything that goes into it:
• Labor to count, reconcile, and deposit it
• Bank fees on cash deposits
• Counterfeit bills and bad checks
• Armored car services
• Worst of all, lost sales, because a customer with a $10,000 credit line does not always have $10,000 in cash
So if 73% of your customers respond to a surcharge by reaching for cash and checks instead, you did not eliminate a cost. You traded a 2% cost you could have audited down for one that runs higher and shows up nowhere on a statement. That is the cash is cheaper myth, and it falls apart the moment you price it.
Let me put actual numbers on it, because this is where the decision usually flips. I will be honest, when I started researching this I did not know how it would come out.
Run your own numbers instead of mine. Change the review impact, change the acquisition ratio, use your real spend. The shape does not change, because the gain is capped at 3% and the downside is not capped at all.
Merchants tell me constantly that they cannot raise prices. Let’s be honest with each other: surcharging is raising prices. It is just the most damaging way to do it.
If someone will pay $100 for what you sell, chances are they will pay $102. That covers a typical 2% processing cost and nobody feels anything. Surcharge instead and that same customer pays $103, and now they feel penalized for how they chose to pay.
That extra dollar between $102 and $103 is not a math problem. It is the difference between a customer who feels valued and a customer who feels punished.
The biggest development since I first wrote about this is the Visa and Mastercard interchange settlement, announced in November 2025 and given preliminary approval by U.S. District Judge Brian Cogan on June 9, 2026. It covers roughly 12 million merchants and is meant to end litigation that began in 2005.
The honor all cards rule is breaking up. For decades, accepting any Visa card meant accepting every Visa card, including the premium rewards cards carrying the highest interchange. Under the settlement, merchants gain the ability to accept selectively by card type, separating commercial, premium consumer, and standard consumer cards.
Surcharging gets more granular. Within 90 days of approval, merchants may surcharge at either the brand level or the product level, though not both for the same network. In plain English, you could surcharge only the expensive rewards cards instead of every credit card you take. The 3% ceiling still applies, the cost of acceptance limit still applies, and the 30-day written notice to your acquirer still applies.
Preliminary approval is not final approval. The National Retail Federation and the National Association of Convenience Stores both called the credit card market broken and said the revised terms do not fix it. NACS has said it will appeal to the Second Circuit if final approval is granted. Some analysts think this may not be fully resolved until 2029.
Do not spend money on surcharging or steering infrastructure until the final rules are settled, and do not switch processors over this. Whatever the settlement ultimately permits will apply network-wide, no matter whose paper you are on. Any salesperson using the settlement as a reason to move your account is selling, not advising.
Here is the kicker. If your merchant fees are climbing, it is usually not because the networks raised interchange. Interchange has barely budged in fifteen years. Something else is happening on your statement.
Processor markups applied above the contracted rate, without disclosure.
Interchange downgrades that should never have happened, quietly raising the cost of ordinary transactions.
Duplicate fees, phantom charges, and assessments that were never disclosed anywhere.
Interchange categories misapplied to the wrong transaction types.
Contract terms that changed at renewal without anyone pointing it out.
Every one of those is fixable without asking a single customer to pay more. That is the whole argument against surcharging in one sentence: most merchants are trying to pass along a cost they were never supposed to be paying in the first place.
Get a merchant processing audit first. An independent audit reveals hidden fees, excessive markups, and junk charges. We run these for companies ranging from $10K to $64B in revenue, and the average overbilling we find is just over 40%. To be fully transparent, several firms offer this service. Mine is one of them, and we are not the only ones. Do your research and find the one that suits you.
Ask about interchange optimization. This qualifies your transactions at the lowest available rates under the existing rules, with zero customer friction. Make them show you that your transactions are clearing at the lowest interchange. Do not take anyone’s word for it.
Check your return and void credits. Pull three months of statements and confirm you are being credited processing fees on refunded transactions. If you are not, you have found money without touching a single price.
Consider a modest price increase instead. Same margin protection, none of the compliance exposure, and none of the resentment.
And if you still want to surcharge after all of that, there is a right way to do it. It is the next section, and the order matters more than anything else on this page.
I have spent this whole article arguing against surcharging, and I stand behind every word of it. But some merchants are going to do it anyway, and a few of them have good reasons. So here is the version that actually works, and the sequence is the entire point.
Get an audit first and drive your actual cost of acceptance down to what it should be. Pure interchange passed through at cost, no inflated fees, no invented fees, no markup buried where you cannot see it, and interchange optimized so your transactions qualify at the lowest categories available.
This step is not optional, and here is why. Your legal ceiling is your cost of acceptance. If you surcharge before you clean up the statement, you are not passing along the cost of accepting cards. You are passing your processor’s markup on to your own customers, and charging them for fees you were never supposed to be paying.
There are companies that do nothing but surcharge compliance. The good ones take ownership of the state rules and network rules, keep the program registered and current, and charge your customers only your true cost of acceptance rather than a flat 3% pulled out of the air. Ours is one of them, and you can see how our surcharge compliance program works. Several other firms do this well too, so compare before you commit.
After a proper audit, most merchants find their true cost lands closer to 2% than 3%. That difference is the whole ballgame, and it produces four advantages at once.
Do it in the other order and every advantage inverts. Surcharge first and you overcharge your customers, expose yourself to the fine schedule, keep the liability, and tell the people who pay you that they are a cost to be recovered.
Same decision. Opposite outcome. The difference is whether you audited first.
And plenty of merchants who complete step one never get to step two, because once the statement is cleaned up the problem they were trying to solve turns out to be a good deal smaller than it looked.
In most states, yes, with conditions. Connecticut, Massachusetts, Maine, and Puerto Rico ban it outright. California, Texas, Oklahoma, and Kansas have bans that federal courts have ruled unconstitutional, leaving genuine ambiguity. Several other states cap the amount below the network maximum. Because published guides openly disagree on some states, confirm with an attorney licensed where you operate before you start.
Whichever is lowest of three numbers: your actual cost of acceptance, the network cap of 3% for Visa and 4% for Mastercard, and your state’s cap. If you accept both major networks, 3% is your practical ceiling. Colorado caps at 2%. Several states limit you to your true cost, which for most merchants is under 3% anyway.
Visa’s schedule starts with an immediate $1,000 assessment and a demand for a remediation plan, compounds toward $150,000 if the violation continues past 150 days, and adds $25,000 a month after 180 days. Processors have warned their sales channels that non-compliant merchants could face $50,000 to $1 million. Repeat violations can cost you the ability to accept Visa entirely.
Almost certainly not. Merchant agreements contain indemnity language that shields the processor from responsibility for the guidance it gives, and it typically allows them to pass their own fine through to you. I have never seen a processor agree to remove that clause. Read yours before you take anyone’s advice on this, and understand that the person advising you usually earns more when you say yes.
Audit first, surcharge second. Get your actual cost of acceptance down to pure interchange with optimized qualification and no inflated or invented fees, then use a specialty compliance firm that absorbs the risk and charges only that true cost. For most merchants that is closer to 2% than 3%, which undercuts competitors, keeps you inside the legal cap, and lets you tell clients you passed along only what it genuinely costs you.
No. Never, in any state, under any circumstances. Running the debit card as credit does not create an exception. This is the violation most likely to be sitting in your terminal configuration right now without your knowledge.
A surcharge adds to the posted price for card users. A cash discount reduces the posted price for cash users. The economics can look similar, but the legal treatment is not. Cash discounting is permitted in all fifty states, including where surcharging is banned, which is why merchants in Massachusetts and Connecticut use it. Execution decides everything: if the card price is reached by adding a fee at the end, it is treated as a surcharge regardless of the label. Full detail in our guide to cash discount programs.
Yes. At least 30 days written notice to your acquirer before the first surcharged transaction, stating your business name and address, the surcharge amount, whether you are surcharging at brand or product level, and any processor or payment facilitator involved. Skipping this makes an otherwise compliant program non-compliant.
If it receives final approval, yes. Merchants would be able to surcharge at the brand or product level, meaning you could target only the expensive premium cards rather than all credit cards. The caps, disclosure, and notice requirements remain. As of August 2026 the settlement has preliminary approval only, appeals are expected, and nothing has taken effect.
Essentially none of the national ones. In researching my book I could not find a single company among the 500 largest in the country adding a credit card surcharge. They negotiate their acceptance costs down and optimize interchange instead, and several of them objected in court to a settlement that expands surcharging rights. When the companies with the most sophisticated payments teams in America decline a tool, the decision is worth examining before you adopt it.
When Blockbuster collapsed, most people chalked it up to technology. Netflix arrived with streaming and the rest is history. But that is not really what happened. Blockbuster’s problem was how it made people feel, and the late fee was the center of it. Customers felt like the company was squeezing a few more dollars out of them at the counter. Netflix built its early brand on the opposite promise: no late fees, no due dates.
Think about that. Customers could have walked into Blockbuster and had the movie in their hands that night. With Netflix they had to wait for a DVD in the mail. They waited anyway, because of how it felt.
You have felt the same thing yourself. Excited to get home with the movie you just picked out, and then at the register, oh, by the way, you owe late fees. That moment turns anticipation into resentment in about a second and a half.
Harry Selfridge made “the customer is always right” famous. Every CEO knows it is not literally true, because some customers are unreasonable. But Selfridge was not talking about facts. He was talking about feelings. Does the person leaving your business feel seen, heard, and valued? Or do they feel dismissed and nickel-and-dimed? Maya Angelou put the same idea more memorably when she said people will never forget how you made them feel.
A surcharge tells your customer something you never intended to say: you are a cost, not an asset.
Once someone feels that, the math on your spreadsheet stops mattering. The research says they will not stay.
At Wharton we studied company after company under case analysis, and the pattern repeated: a business solves a margin problem with a short-term financial maneuver and pays for it in customer loyalty for years afterward. The math does not lie. It just does not tell the whole story. Human behavior does.
As a CEO, I hate processing fees as much as anyone, probably more. But we will stay the course, reminding our clients we value them and that they can pay us however they wish. They are the only reason we exist, and the cost of winning a client is far higher than 2%.
So before you ask your customers to cover your processing costs, find out how much of that cost was ever legitimate. In my experience, a meaningful share of it was not.
Want to see the fees on your own statement before deciding anything?
Our decoder walks your merchant statement line by line, so you can tell which charges are real network costs and which ones are not.
If your processor is the one encouraging you to surcharge, it is worth knowing their record first. The Processor Scoreboard rates more than two dozen major processors from 0 to 100 on the documented record, sorted worst first, with the evidence behind every point deducted. No processor pays to be listed, and none can pay to be removed.
Send us your most recent processing statement. We will show you your true cost of acceptance, which is also the legal ceiling on any surcharge you might impose, and what we can recover. It is free, and it takes about five minutes of your time.
Or call us at 800-672-1292
A necessary note. This article is general information, not legal advice, and I am not an attorney. Surcharging law varies by state, changes frequently, and is currently unsettled in several jurisdictions. Card network rules are updated on their own schedule. Confirm your position with counsel licensed in your state and with your acquirer before implementing any surcharge program. Fine schedules described here are drawn from published summaries of Visa’s Core Rules and from industry reporting, and are current as of August 2026. Consumer research figures are compiled from surveys by J.D. Power, LendingTree, the Federal Reserve Bank of Boston, USA Today, and Payments.com.
Read More Check out our other insights here