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Finally, there is a loophole in these state laws which allow you to offer a discount to customers who pay by cash or check.

Many gas stations, for example, already engage in this practice.

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If your business operates in any of the 10 states (CA*, CO, CT, FL, KS, ME, MA, NY**, OK, TX) whose state laws prohibit surcharging, you may not charge checkout fees in that state.

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However, California does have laws that still apply regarding deceptive pricing, so you may want to consult an attorney if you're considering imposing a credit card surcharge on a business operating in California.

More information is available at the Office of the Attorney General of California's website.