Business owners commonly use dual pricing as a pricing structure in all 50 states. In fact, the oil and petroleum industry have used this pricing method for decades. Cash customers get the benefit of a small discount, while retailers avoid costly credit card processing fees. As long as you follow our program, dual pricing is completely legal throughout the United States.

Dual pricing is not the same as surcharging. Some merchants cover the cost of credit card fees by charging a little extra for credit card purchases. This is known as surcharging is legally distinct from dual pricing. Surcharging is legal only in select states and the card brands different additional compliance regulations in regards to surcharging.

Despite dual pricing being legal, there are still compliance regulations that the business must follow. By law as per the Durbin Amendment, credit card companies from prohibit a business’s ability to offer discounts for cash or check payments. However, the card brands still have the reserve the right to enforce compliance rules for dual pricing business models such as retailers must display both prices: one for credit card purchases and one for cash customers.

Payment Card Industry Data Security Standard (PCI DSS) is required of any business entity that processes or transmits any cardholder data. Business who fail to abide by these standards can face fines and other penalties. Be rest assured that specific compliance standard, while technical, we at EmeraldPay help our merchants stay compliant. Our point-of-sale (POS) solutions are up to PCI DSS Standards and follow all PCI DSS compliance regulations and guidelines.