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Georgia is one of a small group of US states (with New York, New Jersey, Nevada, South Dakota, Nebraska) that caps card surcharges at the merchant's actual cost of acceptance and separately regulates 'convenience fees,' layered atop card-network (Visa/Mastercard) surcharge-cap rules and federal PCI DSS expectations enforced contractually by acquirers/networks rather than by state statute.
Outlook
The interaction between the state's actual-cost statute and network-level percentage caps means merchants in Georgia face the more restrictive of the two ceilings in practice; no change to this dual-layer structure was identified this cycle.
no periodic updates on record for this sub-brief
Sources and findings (4 unique sources · R-3/R-4)
- [W4-E1] T1 Derived: Confirmed in_forcehttps://law.justia.com/codes/georgia/title-13/chapter-1/section-13-1-15/ re-verified
O.C.G.A. § 13-1-15 permits a lender or merchant to collect a nonrefundable convenience fee for electronic payment methods (credit card, debit card, EFT, e-check), capped at the actual cost incurred or an averaged equivalent.
- [W4-E2] T3 Derived: Probable in_forcehttps://merchantcostconsulting.com/lower-credit-card-processing-fees/georgia-surcharge-laws/ re-verified
Georgia allows credit card surcharging provided the fee does not exceed the merchant's actual cost of acceptance and is disclosed at point of entry and point of sale (including, for e-commerce, the first card-data entry page); merchants cannot profit from surcharges.
- [W4-E3] T3 Derived: Probable in_forcehttps://merchantcostconsulting.com/lower-credit-card-processing-fees/credit-card-surcharge-laws-by-state/ re-verified
Georgia is grouped with New York, New Jersey, Nevada, South Dakota and Nebraska as states that cap surcharges at the merchant's actual acceptance cost, layered under card-network rules capping surcharges at 3% (Visa) or 4% (Mastercard).
- [W4-E4] T1 Derived: Confirmed in_forcehttps://consumered.georgia.gov/ask-ed/2021-03-03/credit-card-surcharges re-verified
Merchants adding a credit card surcharge must post a sign at the point of entry, disclose the exact surcharge amount at point of sale and on receipts, and failure to do so may violate Georgia's deceptive/false advertising laws, enforceable by the Attorney General's Consumer Protection Division.