Texas credit card surcharge rules for dental practices
Allowed with limits
Can Texas dental offices add a credit card fee? It's allowed with limits. Keep it at or below your actual processing cost and never on debit.
Can dental offices in Texas charge a credit card fee?
It's allowed with limits. Texas law, Tex. Bus. & Com. Code 604A.0021, still lists a credit card surcharge ban. A 2018 federal ruling blocked the ban for the merchants in that case, whose fees did not exceed their card costs. The Texas Attorney General has said the ban can still apply in some situations (Opinion KP-0257, 2019).
What that means for your practice:
- Cap: your actual processing cost, up to 3% on Visa and 4% on Mastercard.
- Tell patients first. Show the fee at the front desk and before online checkout, and list it on the receipt.
- No fee on debit. Texas separately bans debit surcharges under 604A.002.
- Know the risk. Under 604A.003, the state can seek a civil penalty for each knowing violation of the credit or debit rules, but only after written notice and a 30-day chance to fix it.
Visa caps surcharges at 3% and Mastercard at 4%. Debit cards can never be surcharged.
Many Texas practices choose a dual pricing program instead. We'll help you pick the option that fits your office.
How Summit helps
We review your setup before anything goes live, then set up your signs, receipts and card brand notice to match. Summit works with dental practices nationwide.
Get a free statement review. Send us a recent processing statement and we'll show you what you're paying today and which card fee option makes sense in Texas.
Questions
Frequently asked questions
Is credit card surcharging legal in Texas?
It's allowed with limits. The state ban is still on the books, but a 2018 federal ruling blocked it for the merchants in that case, whose fees did not exceed their card costs. Keeping your fee at or below actual processing cost is the safest approach.
How much can a Texas dental office charge?
Your actual processing cost, up to 3% on Visa and 4% on Mastercard.
Can I add a fee to debit card payments in Texas?
No. Texas bans debit surcharges under 604A.002, and card brands never allow them.
Is a dual pricing program a better fit in Texas?
For many practices, yes. With a dual pricing program, your office shows two prices, one for cash and one for card, instead of adding a surcharge at checkout. We can walk you through both.
Sources
- Tex. Bus. & Com. Code 604A.0021 and 604A.002 (official Texas statutes)
- Tex. Bus. & Com. Code 604A.003 penalty (official Texas statutes)
- Tex. Bus. & Com. Code 604A.0021 (Justia)
- Rowell v. Paxton, 336 F. Supp. 3d 724, 730-32 (W.D. Tex. 2018)
- Texas Attorney General Opinion KP-0257 (2019)
- Visa merchant surcharging rules
This page is general information, not legal advice. Rules can change, so check with your attorney before you start a card fee program.
Last checked:
Reviewed by Brendon Degner, founder. Last reviewed .
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Send us a recent processing statement and we'll show you what you're paying today and which card fee option makes sense in Texas.
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