Colorado Repeals Ban on Credit Card Surcharges

  • Colorado Governor Jared Polis signed into law a bipartisan bill repealing the state’s prohibition on credit card surcharges.
  • Under the new law, Colorado businesses may impose a credit card processing surcharge of up to either 2% of the transaction amount or the actual processing fee paid by the merchant, and must disclose the surcharge to consumers through signage and on receipts.
  • As previously reported, CardX, LLC, which lobbied for the new law and is represented by Bernie Nash and Keturah Taylor of the Cozen O’Connor State AG Group, previously obtained an AG opinion in Oklahoma declaring that its no-surcharge statute is unconstitutional and a federal judicial decision in Kansas declaring the same. With the Colorado legislature’s repeal of its no-surcharge statute, CardX has hit a trifecta by securing executive, judicial, and legislative wins.