How much can credit card surcharges be in Missouri & Kansas? What the law says
If you’ve used a credit card while in a Missouri or Kansas establishment, there’s a chance you were charged a little extra because of it.
Laws on surcharges when it comes to using a credit card can vary depending on the state you live in. A few states — including Connecticut, Maine and Massachusetts — prohibit sellers from adding a surcharge to credit card transactions.
As for debit cards, well, that’s a different story.
The Star spoke to Josh Planos, a representative from the Better Business Bureau of the Midwest Plains to learn about the laws regarding surcharges on debit and credit cards in between Missouri and Kansas.
Here’s what you need to know.
What is a 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.
Is it legal for credit cards to get surcharged in Missouri and Kansas?
Credit card surcharges can be pretty common across the U.S., but it is important to keep track of what you’re paying, as there is a federal cap of 4%, meaning businesses cannot surcharge you higher than that.
In 2025, the state of Kansas made it legal for merchants to add a surcharge to credit card transactions, as long as clear notice is provided to the customer before the sale, per K.S.A. 16a-2-403.
Kansas and Missouri state law have no maximum surcharge, so the maximum allowed in both states is capped by federal law at 4%.
Planos warns people to make sure they are aware of their purchases, whether it includes making sure you get a receipt, or talking to the merchant about the price you are paying.
“I think for a lot of folks, they go through the transaction, they think everything’s going to go exactly according to plan, and sometimes it doesn’t,” Planos said. “Sometimes there’s a lot of detail that is lost in kind of the fine print. I think people would probably be horrified to know that they are being they’re incurring an additional charge that they were unaware of, in addition to tax.”
What about debit cards?
When it comes to debit cards, surcharges are illegal in many U.S. states, including Kansas and Missouri.
The Durbin Amendment, which was passed in 2011, caps debit interchange fees, but also prohibits merchants from going around the fees, like trying to pass the fees onto the debit card clients.
What do I do if my debit card is surcharged?
Planos recommends people to first contact the vendor involved in the transaction, and to make sure you’re documenting that conversation. He also recommends calling your bank when it comes to getting your money back. Bank of America says the notification should be done as soon as possible, and preferably within 60 days of when the transaction took place.
Illegal activities by a business can be reported to the Better Business Bureau. It’s unclear on what exactly the punishment is for businesses, though Planos said that a fine is the bare minimum of a punishment. If there’s a constant issue, then the business could be subject to higher punishments.
“(The Better Business Bureau) exists to advance marketplace trust. And that looks like drinking from a fire hose in 2026 with the scams, the fraud, the unethical business that we see and hear about,” Planos said.
He said that while BBB doesn’t necessarily track the calls related to surcharges, they do ask businesses to be honest with their customers when it comes to services.
“They shouldn’t be doing any predatory surcharging. There are rules in place for that, but to the degree you can control for it, I think you should be trying to ease that process and improve that experience for your customers,” he said. “Transparency is a big part of that.”
Missouri and Kansas credit card surcharge guidelines
While Missouri and Kansas merchants can add surcharges to credit cards, they have to follow certain guidelines, according to experts at LawPay, an online payment platform for law firms.
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 credit card companies, experts said.