Delaware Credit Card Surcharge Law
Delaware credit card surcharge law allows surcharging. There is no state statute or state cap for private merchants today, so card network caps set the ceiling. Lawmakers did try to cap surcharges and restrict them on larger sales with Senate Bill 89, and that attempt died without passing.
Delaware Allows Credit Card Surcharging
No statute bans it, caps it, or sets disclosure rules for it. Not one on the books for private merchants.
As of July 2026, Delaware has no state statute in force that bans, caps, or imposes disclosure requirements on credit card surcharges by private merchants. A dealership charging a standard credit card surcharge is not working around any Delaware law. There simply is not one on the books for a private business like a dealership.
Lawmakers did try to change that. A cost cap bill was introduced in 2025, and it died without passing. See the Senate Bill 89 section below for the full story on what it would have done and why it never became law.
| Question | Answer |
|---|---|
| Status | Allowed |
| Cap | Card network caps |
| State statute | None for private merchants |
| Disclosure | Card network rules: post it and put it on the receipt |
Delaware is one of 47 states where surcharging is legal. See the full table at credit card surcharge laws by state.
The Card Networks Set the Ceiling
With no state statute on the books, Visa and Mastercard's own rules do the work.
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Visa: 3% Cap
In force nationwide since April 2023. Delaware has no lower state ceiling.
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Mastercard: 4% Cap
Same network standard as Visa applies, just a higher ceiling.
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Debit Never Surcharges
Debit, prepaid, and gift cards can never carry a surcharge, in Delaware or anywhere else.
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Disclosure Is Mandatory
Post notice at the door and the counter, and show the surcharge as its own line on the receipt.
No State Cap Does Not Mean No Ceiling
A missing state statute is not an open field. Visa's 3 percent and Mastercard's 4 percent still apply to every Delaware dealership, and they are the only numbers a dealership needs to run against today. A standard 3 percent credit card surcharge sits inside Visa's cap.
The Cost Cap Bill That Didn't Pass
It sat in committee, saw no floor vote, and died when the session ended.
Senate Bill 89 was introduced in the Delaware General Assembly on April 3, 2025, during the 153rd General Assembly. It had two parts. For transactions of 1,500 dollars or less, a seller that regularly accepts credit cards could not impose a surcharge greater than the percentage processing fee charged by the credit card company. For transactions over 1,500 dollars, the seller could not refuse credit card payment and could not add any surcharge at all, on any amount.
The rule on transactions over 1,500 dollars is the one that would have mattered on a dealership floor. Most repair orders and every vehicle deal would have crossed that line, which means the bill would have barred any surcharge on exactly the transactions where surcharging does the most work. Delaware lawmakers also tried a flat surcharge ban once before: House Bill 488, a 2022 bill, died in committee the same way.
Senate Bill 89 was assigned to the Senate Executive Committee. Its last committee action came in May 2025. It never advanced out of committee, never got a floor vote in either chamber, and died when the General Assembly adjourned for good on June 30, 2026. It is not law. As of July 2026, surcharging remains legal in Delaware, exactly as described in the Verdict section above.
What Stays True Regardless
A compliant, disclosed surcharge program already runs inside the network rules today. We track the state, not your front desk.
What This Means at the Counter
The counter just needs three things right.
A standard 3% credit card surcharge sits inside Visa's cap and stays disclosed the same way every other surcharging state requires: notice at the point of entry, notice at the point of sale, and the surcharge itemized as its own line on the receipt. Debit never carries a surcharge, in Delaware or anywhere else, no exceptions and no workarounds. We track the state, not your front desk.
Payments post straight to the repair order in CDK Drive, so the surcharge line shows up where your advisors already work. See the full mechanics on the surcharge program page, or walk through exactly what happens at the terminal on the how it works page.
Straight Answers on Delaware Rules
Yes. Delaware has no state statute that bans or caps credit card surcharges for private merchants. Card network rules govern instead.
Yes. With no state cap, Visa's 3 percent ceiling governs credit card surcharges in Delaware. Mastercard allows up to 4 percent under its own rules.
No. Senate Bill 89 would have capped surcharges and barred them on larger transactions. It died in committee when the General Assembly adjourned on June 30, 2026. Surcharging remains legal in Delaware.
No. Debit, prepaid, and gift cards can never carry a surcharge, in Delaware or any other state. That is a card network rule, not a state one, and it follows the card itself regardless of how it runs at the terminal.
Delaware has no state disclosure statute for private merchants. The standard comes from the card networks: post notice at the point of entry, post it again at the point of sale, and show the surcharge as its own line on the receipt. For pricing and program questions beyond state law, see the FAQ page.
Straight Answers on Delaware
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