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As of early 2010, charging consumers a fee for using a credit card is illegal in California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. However, merchants may offer a discount off of the displayed price for customers who pay by cash or check, provided this discount is offered to all customers. In other states, there are no legal restrictions on credit card surcharges, although credit card companies (like Visa) may prohibit the practice in merchant agreements.
Source:
Visa: State No Surcharge Laws Protect Consumers
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