Surcharge Compliance
Surcharge Programs Must Be Structured Correctly.
WHAT A SURCHARGE IS
A surcharge is a fee added to a credit card transaction to offset processing costs.
It is not applied to debit cards.
It is not arbitrary pricing.
It is a structured recovery of interchange and processor margin within card brand guidelines.
When implemented correctly, it is legal in most states and governed by clear network rules.
WHAT A SURCHARGE IS NOT
We do not implement improper programs.
A surcharge program is not:
- A blanket fee on all transactions
- Applied to debit cards
- Hidden or undisclosed
- Added without required signage
- Implemented without network registration
Improper implementation creates compliance risk.
CARD BRAND REQUIREMENTS
Visa, Mastercard, Discover, and American Express have specific requirements for surcharge programs.
These include:
- Advance network notification
- Clear point-of-entry signage
- Clear receipt disclosure
- Percentage-based surcharge limits
- Debit exclusion
- Cap compliance (network limits apply)
Top Hand ensures these steps are completed before activation.
STATE CONSIDERATIONS
Surcharge laws vary by state.
Some states restrict or prohibit surcharge programs.
Others allow it with disclosure requirements.
We review:
- Your state of operation
- Multi-state business exposure
- Applicable regulations
- Card brand limitations
We do not activate surcharge programs where prohibited.
HOW WE IMPLEMENT SURCHARGE
Debit transactions are not surcharged.
Our process includes:
- Eligibility review
- Network registration
- Hardware configuration
- Portal configuration (MX Merchant)
- Debit filtering verification
- Disclosure language guidance
- Compliance confirmation
We configure the system so debit transactions are not surcharged.
We confirm receipt formatting and reporting accuracy.
FINANCIAL IMPACT
This significantly reduces or eliminates processing overhead.
Under a compliant surcharge structure:
- Interchange is passed to the cardholder
- Assessments are passed through
- Processor margin is passed through
Merchant pays only:
$24.99 Monthly Platform Fee
FREQUENT CONCERNS
Is surcharge legal?
Does surcharge apply to debit?
Will customers push back?
Can I remove surcharge later?
Yes. There are no contracts or lock-in requirements.
Let’s Get Started — Share Your Details
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Complete Your Merchant Application
Ready to move forward? Fill out your merchant application and begin the onboarding process with a team that values speed, clarity, and personal support. We’ll guide you every step of the way so you can start processing with confidence.
