[Hannan]

It's complicated and depends on things like where you're charging and whether or not it's a "fee" for using the card vs. offering a cash discount (how these are not essentially equivalent is beyond me):

Sections 1.5.4.2 & 5.6

https://usa.visa.com/dam/VCOM/download/about-visa/15-April-2...

Section 5.11.2

https://www.mastercard.us/content/dam/mccom/en-us/documents/...

IANAL, etc.

[arcdigital]

I would check with your ISO/Processor...but you're pretty much fine as long as you charge a generic credit card surcharge and treat all cards the same. You only really get into trouble with Visa/MC/Amex/Discover when you start charging different fees on different transactions.

Source: I used to run a payment gateway & ISO.

[abalone]

Those sections specifically state that those rules don't apply in the U.S. (anymore). That's the Durbin amendment.

[nodesocket]

Thanks, I may have to reach out to Stripe directly to get an answer. My fear is that Stripe will say it depends on Visa, Mastercard, AMEX and defer to them which is not very helpful.

[Hannan]

That's very likely to happen, unfortunately...

I did run across this link, which might explain why when you asked your initial question I was thinking "no way", but after reading the recent agreements was like "maybe so" (I worked in payments for a number of years, and always heard that cash discounts/surcharges for credit card use were disallowed).

http://www.nytimes.com/2012/07/14/business/mastercard-and-vi...

So apparently there was a suit about that very problem which was settled in 2012. It looks like you would be able to, but if you're charging multiple thousands on the regular, it would probably be worth it for you to pay a lawyer to make sure you're in the clear. HTH.