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Credit Card Surcharge Guidance

Governor Kathy Hochul announced a new consumer protection law that will go into effect on February 11, 2024. This new law will amend and clarify New York’s existing credit card surcharge law. 

The law, signed by Governor Hochul on December 13, 2023, provides greater transparency and protections for consumers by:

  • Limiting credit card surcharges to the amount charged to the business by the credit card company; and
  • Requiring businesses to post before checkout:
    • the total price of an item or service inclusive of the credit card surcharge; or
    • a two-tiered pricing option, which requires the credit card price to be posted alongside the cash price.

To assist businesses with their compliance of this law and understanding of the changes, the Erie County Division of Consumer Protection has created guidance which can be reviewed and downloaded.

Credit Card Surcharge Guidance

For more information, businesses can refer to the press release from Governor Hochul and the New York State Division of Consumer Protection’s Credit Card Surcharge Guidance Document and educational video for practices and examples that comply with the law’s credit card surcharge notice requirements.

If you have questions or concerns, the Erie County Division of Consumer Protection can be reached by phone at 716-858-1987 or via email at