Virginia Senate Bill 1212
Effective July 1, 2025, Virginia Senate Bill 1212 amended the Virginia Consumer Protection Act, adding a disclosure requirement which mandates that merchants "clearly and conspicuously" display the total price of a good or service in a consumer transaction, including "all mandatory fees or surcharges."
"Mandatory fees or surcharges" includes any additional fee or surcharge that must be paid in order to purchase a good or service. Per the law, "mandatory fees or surcharges" does not include (1) taxes, fees, or assessment fees imposed by a government or government-approved entity or (2) reasonable postage or shipping fees. Merchants are permitted to either reduce the total price of a good or service or offer a promotion that waives a mandatory fee.
By requiring a display of total price before including any surcharge, some legal experts are of the opinion that the law effectively makes it impossible for a merchant to add a surcharge at checkout if a customer chooses to pay with a credit card.
A merchant who violates the new law may be fined up to $2,500 for the first violation and up to $5,000 for subsequent violations. Additionally, the bill allows a private right of action, which allows individuals to file suit and recover actual damages or $500, whichever is greater, if a merchant violates the new rules.
The legislation does not apply to certain fees or surcharges imposed by motor vehicle dealers, electric utilities, natural gas utilities, telecommunications service providers, air carriers and those offering settlement services, excluding real estate broker commissions and fees.
For more information see the Changes to Virginia Surcharge Rules article from Stinson.
Oklahoma Senate Bill 677
Oklahoma Senate Bill 677, which goes into effect November 1, 2025, repeals the state's existing ban on credit card surcharging. Merchants will be permitted to impose a surcharge on a credit card transaction if they comply with the following requirements:
- Notice Requirements: For in-person transactions, merchants must clearly and conspicuously display the amount of the surcharge at both the point of entry and the point of sale. For online transactions, the surcharge must be disclosed on the home page and at the point-of-sale webpage. For phone transactions the surcharge information must be verbally disclosed.
- Surcharge Cap: The surcharge may not exceed the lesser of 2% of the total transaction amount or the actual cost charged to the merchant to process the transaction.
If a merchant only accepts credit cards as a form of payment, they are not allowed to impose a surcharge.
Merchants are allowed to offer unlimited discounts to encourage payment by cash, check, or similar means.
The law includes some exceptions for money transmitters and private educational institutions.
For more information see this Oklahoma surcharging article from Bass Berry Simms.
