Boulevard Offset is a credit card surcharge program that’s built with compliance in mind. It automatically adds a 3% “credit fee” after gratuity and other fees, but before tax.

Certain card network rules cap the maximum allowable surcharge at 3% on credit card transactions. When you opt into Offset, Boulevard charges a 4% processing rate on credit card transactions, and the client pays a 3% “credit fee” when they use a credit card — which offsets this processing rate. Therefore, your business effectively recoups 99% of the revenue from the products and services that you sell.

Due to card network rules and federal law, a surcharge is never applied to debit cards or any other means of payment — only credit cards.

The rules and regulations regarding surcharge programs focus on making sure your clients are aware of the surcharge fee before they pay. For this reason, we build automation along the way so that the fee is clearly displayed and applied only when appropriate. We recommend additional compliance steps, like posting our templated signage at your front door and point of sale.

Whenever you decide to opt into Offset, our support team guides you with clear compliance steps and recommendations on how to communicate with staff and clients.

Before you decide to enroll in Offset, you should consider whether you comply with all applicable state laws. Only you can make that final decision, but we’ve provided a brief summary of state surcharge law below in order to help with your research. Please see our summary below!

Surcharge fees are prohibited, but cash discount programs are OK. In Connecticut, surcharge fees are prohibited by state law; however a cash discount program is permitted. As such, a merchant may raise their prices in order to “offset” certain costs, such as credit card processing fees. In order to do so, businesses must prominently display the total price of a product or service, including any increases to offset costs of credit card transactions, before a client finalizes their purchase. The merchant should note a discount to clients if cash is used and likewise prominently display the discount. More information available here and here.

Surcharge fees are prohibited, but cash discount programs are OK. In Maine, surcharge fees are prohibited by state law; however a cash discount program is permitted. As such, a merchant may raise their prices in order to “offset” certain costs, such as credit card processing fees. In order to do so, businesses must prominently display the total price of a product or service, including any increases to offset costs of credit card transactions, before a client finalizes their purchase. The merchant should note a discount to clients if cash is used and likewise prominently display the discount. More information available here and here.

Surcharge fees are prohibited, but cash discount programs are OK. In Massachusetts, surcharge fees are prohibited by state law; however a cash discount program is permitted. As such, a merchant may raise their prices in order to “offset” certain costs, such as credit card processing fees. In order to do so, businesses must prominently display the total price of a product or service, including any increases to offset costs of credit card transactions, before a client finalizes their purchase. The merchant should note a discount to clients if cash is used and likewise prominently display the discount. More information available here. (An opinion from the Massachusetts Office of Consumer Affairs and Business Regulation in January 2020 determined that surcharges are permissible when (a) payment processing done by a 3rd party, (b) the merchant doesn’t profit from the surcharge, and (c) the consumer had a choice to pay by other method). Customers utilizing Offset satisfy all of those requirements. More information is available here.)

Surcharge fees appear to be prohibited, but cash discount programs are OK. This past December, NY’s Governor Hochul signed Assembly Bill A2672B into law with an effective date of February 11th. Even though this law suggests that surcharging is now an accepted practice, just last month New York’s Division of Consumer Protection issued guidelines with a seemingly different position. The Division of Consumer Protection’s guidance is that surcharging in its typical form (fee added to the subtotal prior to purchase) is no longer permissible. Instead, they are instructing New York merchants to recoup credit card processing fees through what is traditionally known as a “cash discounting” program. Basically, this would entail displaying the total price for each product or service when using a credit card inclusive of all additional fees.

Surcharge fees are prohibited, but cash discount programs are OK. In Maine, surcharge fees are prohibited by state law; however a cash discount program is permitted. As such, a merchant may raise their prices in order to “offset” certain costs, such as credit card processing fees. In order to do so, businesses must prominently display the total price of a product or service, including any increases to offset costs of credit card transactions, before a client finalizes their purchase. The merchant should note a discount to clients if cash is used and likewise prominently display the discount. More information available here. (However, an advisory opinion from the Oklahoma Attorney General from December 2019 determined that Oklahoma’s surcharge prohibition is likely unconstitutional. More information is available here.)

Prohibition overturned. The California state attorney general recognizes the case overturning the state’s surcharge prohibition. More information is available here.

Prohibition overturned. The Florida state attorney general recognizes the case overturning the state’s surcharge prohibition and notes that “merchants in Florida may add a surcharge to credit card purchases.” More information is available here. The state AG provides additional guidance:

Prohibition overturned. In CardX, LLC v. Schmidt, in 2021, a federal district court in the District of Kansas ruled that Kansas’ restriction on credit card surcharge pricing “as applied to Plaintiff, violate[d] Plaintiff’s rights under the First Amendment.” While the Kansas Attorney General hasn’t yet issued an official statement since the ruling, during the 2022 state congressional session, a bill to permit surcharge fees was introduced by the state senate. More information is available here.

Prohibition overturned. The Texas state attorney general recognizes the case overturning the state’s surcharge prohibition, noting that it may still be enforceable where a merchant attempts to make a profit from the surcharge fee (Note that Boulevard charges 4% for credit card transactions when you are enrolled in Offset, and Offset charges clients a 3% surcharge – less than the total processing cost). More information is available here.

Prominent display of surcharge before purchase. Effective December 2023, New Jersey passed a law that requires businesses to prominently display the amount of the surcharge fee before a client finalizes their purchase.

Surcharge can’t exceed merchant processing cost. In addition, a merchant may not impose a surcharge on a client that is greater than the actual cost to the merchant to process the credit card payment.

Prominent display of surcharge before purchase. As of July 2022, Colorado passed a law that requires businesses to prominently display the amount of the surcharge fee before a client finalizes their purchase.

Surcharge can’t exceed merchant processing cost. In addition, a merchant may not impose a surcharge on a client that is greater than 2% OR the actual cost to the merchant to process the credit card payment (Note that Boulevard charges 4% for credit card transactions when you are enrolled in Offset).

Prominent display of surcharge before purchase. Credit card surcharges are permitted in Minnesota as long as the consumer is clearly informed of the surcharge.

Surcharge can’t exceed 5%. In addition, a merchant may not impose a surcharge on a client that is greater than 5% (Note that as part of Offset, clients are charged a 3% surcharge fee).

No surcharges on debit cards. The ability to surcharge only applies to purchases made with a credit card. Merchants cannot surcharge purchases made using a debit card or prepaid card.

Transparency and disclosure. Merchants must be transparent about any fees they charge; explaining the amount, nature, and purpose of these fees prior to purchase. Clients should be informed about which payment methods incur these fees and whether they can avoid them.

Surcharge fees must be capped. Card networks cap surcharge fees at 3%. In addition, and as discussed above, surcharge fees should never exceed the fees charged for credit card processing.