North Dakota Credit Card Surcharge Law
North Dakota puts nothing in the way of a credit card surcharge. No state law sets a ban or a cap for private merchants, so Visa and Mastercard's own rules are what actually govern here. Below: those network caps, the myth of a federal cap cleared up, and the few things a North Dakota dealership has to get right at the counter.
North Dakota 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, there is no North Dakota surcharge statute for a private merchant to answer to: no ban, no cap, no state disclosure rule. A dealership adding a standard credit card surcharge is not stepping around any state law, because at the state level there is nothing to step around. What fills that space is card network policy, and the next section lays it out in full.
| 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 |
North Dakota 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. North Dakota 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 North Dakota 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.
There Is No Federal Surcharge Cap
Some guides claim a federal law caps credit card surcharges at 4 percent. There is no federal statute that caps credit card surcharges. The real ceilings come from the card networks: Visa at 3 percent, Mastercard at 4 percent. The debit prohibition works the same way. It is a card network rule, not a federal surcharge statute.
What This Means at the Counter
The counter just needs three things right.
A standard 3 percent surcharge lands comfortably under Visa's cap, and the disclosure steps are the same three every surcharging state expects: post it at the entrance, post it at the counter, and break it out as its own line on the receipt. Debit stays off limits everywhere, North Dakota included, with 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 North Dakota Rules
Yes. North Dakota 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 North Dakota. Mastercard allows up to 4 percent under its own rules.
No. North Dakota has no surcharge law on the books for private merchants, so there is no state ban, cap, or disclosure rule to satisfy. The card networks fill that gap, setting both the ceiling and the disclosure standard.
No. There is no federal statute that caps credit card surcharges. Some guides describe a 4 percent federal cap, but that number is Mastercard's network ceiling, not a federal law. Visa caps at 3 percent under its own rules, and those network caps are what a North Dakota dealership runs against.
No. Debit, prepaid, and gift cards can never carry a surcharge, in North Dakota 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. For pricing and program questions beyond state law, see the FAQ page.
Straight Answers on North Dakota
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