Yes, as of January 27, 2013, merchants in the U.S. are permitted to impose a surcharge on consumers when they use a
credit card. According to Visa, allowing surcharging was a key provision required by merchants to settle long-standing litigation brought by a class of retailers (notably Walmart) in 2005. Visa further notes, if retailers intend to impose a surcharge on credit card purchases, they are required to notify customers before customers make an actual purchase at the store entrance and at the point of sale – or in an online environment, on the first page that references credit card brands. Additionally, Visa, MasterCard, Discover and American Express surcharging isn’t allowed everywhere. Currently, there are laws limiting surcharging in: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. Consumers who are subjected to a surcharge or checkout fees in states where they may be prohibited from surcharging may want to report the retailer to their state attorney general’s office. Visa, MasterCard, Discover and American Express continue to prohibit surcharges on transactions overseas, except for appropriate currency conversion fees.