Surcharging a credit card transaction is permitted in Arkansas, subject to conditions set by the card networks: a rate cap, a requirement that the surcharge not exceed your cost of acceptance, advance written notice to the networks, and clear disclosure at the point of entry and on the receipt. Debit card surcharging is prohibited under federal law. Cash discounting is a different mechanism and is permitted in every state.
What is the difference between surcharging and cash discounting?
A surcharge adds a fee to a credit card transaction on top of your listed price. A cash discount lists a single higher price for everything and takes an amount off when the guest pays cash. They can produce a similar economic result and they are governed differently.
Cash discounting is permitted in all fifty states. Surcharging is permitted in Arkansas but carries network conditions that you have to meet and keep meeting.
In a dining room the difference that matters most is how it reads on the menu and on the check. Guests react to a fee added at the end far more sharply than to a price that was on the menu the whole time.
What conditions apply to surcharging?
The card networks set them, and the ones operators most often miss are these. The surcharge may not exceed your cost of acceptance. Visa and Mastercard each cap the rate, and the caps are not identical. You must give the networks written notice in advance, commonly 30 days. You must disclose the surcharge clearly at the point of entry and again on the receipt. And you may not surcharge debit cards at all, including a debit card run as credit.
That last point is the one that causes the most trouble, because it is a technical distinction the guest does not see and the system has to handle correctly at the moment of the sale.
Network rules and caps change. Confirm the current conditions with your processor before you switch anything on, and get the confirmation in writing.
How is this configured in a point of sale?
Properly implemented, the system identifies the card type at the moment of the transaction and applies the surcharge only where it is permitted, then prints the required disclosure on the receipt. Real configuration work, not a checkbox. Getting it wrong is the failure mode that creates exposure.
A cash discount programme is usually simpler to run and simpler to explain, which is why a good number of operators land there once they have looked at both.
We will configure either one. We will also tell you which one we think fits your room, and for most full service restaurants that is not the surcharge.
A real person calls you back within two hours, Monday to Saturday, 8am to 7pm Central.
Should an Arkansas restaurant do this at all?
It depends on your margins, your guest mix and your average ticket. Passing on card costs protects margin, and it also puts a fee in front of a guest at the exact moment they are deciding how they feel about your restaurant.
The alternative worth pricing first is simply a better effective rate. Owners routinely discover that the gap between their current rate and a competitive one is worth more than a surcharge programme would have been, without any of the guest friction.
Look at your effective rate before you look at surcharging. That order of operations is the right one, and most vendors selling surcharge programmes will never suggest it to you.
Questions restaurant owners ask
Is credit card surcharging legal in Arkansas?
Surcharging credit card transactions is permitted in Arkansas, subject to card network conditions including a rate cap, a limit at your cost of acceptance, advance written notice and clear disclosure. Debit card surcharging is prohibited under federal law. Confirm current requirements with your processor before switching anything on.
Can I surcharge a debit card run as credit?
No. The prohibition follows the card type, not the routing. Which is why the configuration has to identify card type at the moment of sale instead of applying a blanket fee, and why a poorly implemented surcharge programme creates real exposure.
Will surcharging upset my guests?
Often, yes, more than owners expect. A fee appearing at the end of a good meal lands differently from a price that was on the menu all along. Many operators who have run both end up preferring a cash discount programme or simply negotiating a better effective rate.
What is the alternative?
Get your effective rate down first. The difference between an uncompetitive rate and a competitive one is frequently worth more than a surcharge programme, and it costs you nothing at the table. Our pricing page explains how to read an effective rate, not an advertised one.
Vendor pricing and tax rates change without notice. Confirm current figures with the vendor, the city or your accountant before you rely on them. Not tax, legal or accounting advice.
Every number on this page traces to a primary source
- Card network surcharging conditions and capsusa.visa.com / regulations fees.html