Credit card surcharges in Hawaii

Updated · 5 min read · By the Brijee team in Honolulu

Short answer:yes. As of September 2026, Hawaii has no state law that bans or limits credit card surcharges, so a Hawaii business may add one. The card-network rules still apply: credit cards only (never debit or prepaid), no more than 3% for Visa and never more than what the card costs you, 30 days' notice to your processor, and clear disclosure to the customer.

What Hawaii law says

There is no Hawaii statute on credit card surcharges today. Visa's own guidance to merchants lists the states that prohibit or limit surcharging — Connecticut, Maine, Massachusetts and Oklahoma — and Hawaii is not among them.

That could change. In 2026, HB 1930 proposed limiting the card and convenience fees merchants can charge and banning surcharges on debit card payments, starting January 1, 2027. It was referred to the House consumer protection committee on January 28, 2026 and did not move further. It is worth checking again each year, since similar bills come back.

The card-network rules you still have to follow

These come from Visa's merchant surcharging requirements. Other networks have rules of their own, so check each card brand you accept.

  • Credit cards only. Debit and prepaid cards cannot be surcharged.
  • No more than your cost, and no more than 3%.The surcharge can't exceed what you pay to accept the card. Even if your cost is higher than 3%, a Visa surcharge stops at 3%.
  • 30 days' notice.You must tell your processor (your “acquirer”) at least 30 days before you start.
  • Tell customers before they pay. The surcharge has to be disclosed at the point of entry — where the customer first comes in, in a store or online — and again at the point of sale.
  • Show it on the receipt. The surcharge amount must appear as its own line.

Worked example

A customer buys $100 of goods with a credit card and you surcharge 3%. They pay $103; the receipt shows the $100 sale and a separate $3.00 surcharge. The same purchase on a debit card is $100 — no surcharge.

Tips are a separate question. Your processor's agreement may not allow a surcharge on the tip; on Brijee, a surcharge is never added to tips.

Should you surcharge at all?

It moves most of your card cost to the customers who pay by credit card. The downside is how it feels at the register: some customers will notice the extra line, and some will pay another way. The other option is to build the cost into your prices. It is your call, and on Brijee you can ask to turn it off later.

How it works on Brijee

  1. Surcharging is off unless you turn it on. Request it from your dashboard under Rates & surcharge.
  2. We send the request to the processor, and it is switched on for your account once they approve it.
  3. From then on, the fee is added to eligible credit cards automatically. Debit cards are skipped, tips are never included, and the receipt shows the surcharge on its own line.

You still need to put up the notice for your customers. For what card processing costs in the first place, see credit card processing fees, explained.

This guide explains the rules in plain language; it is not legal advice. Laws and card-network rules change — check with your processor or an attorney before you start charging a surcharge.

Sources

  1. Visa — Merchant Surcharging Considerations and Requirements (version 08/14/2023)
  2. Visa — Regulations & fees for small businesses
  3. Hawaii State Legislature — HB 1930 (2026), Relating to Consumer Protection

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