Guides · Last checked October 27, 2026

Card surcharges and Illinois's all-in price law: what the text does and doesn't say

Illinois's new all-in price rule (815 ILCS 505/2MMMM, effective January 1, 2027) never uses the words "credit card" or "surcharge on cards." Whether your card surcharge has to move into menu prices depends on how its general definition of a mandatory fee applies to the way you charge it.

What the text says

Subsection (b) makes it unlawful to "advertise, display, or offer a price for goods or services that does not include all mandatory fees or surcharges." A "mandatory fee or surcharge" includes, but is not limited to, a fee or surcharge that:

1. "must be paid in order to purchase the goods or services being advertised;"
2. "is not reasonably avoidable by the consumer; or"
3. "a person would reasonably expect to be included in the purchase of the goods or services being advertised."

The three tests are joined by "or," so meeting any one is enough. Government taxes required by law to be collected are excluded.

What the text doesn't say

• It doesn't name card surcharges, cash discounts or "non-cash adjustments."
• It doesn't say what makes a fee "reasonably avoidable." A diner who can pay by debit card or cash without the charge may be able to avoid it; a surcharge applied to every payment method, or in a restaurant that doesn't take cash, is harder to call avoidable.
• It doesn't create a safe harbor for surcharges that follow card-network rules. Network rules and state law are separate.

The Governor's announcement of the law lists "processing fees" among the required fees that advertised prices must disclose up front, which points toward including a processing charge every diner has to pay. We didn't find Attorney General guidance on card surcharges under this Section when we checked on October 27, 2026, so how an avoidable, credit-only surcharge is treated is a question for your attorney.

What the card networks require (separately from Illinois law)

• Visa (U.S. merchant surcharge Q&A): surcharges only on credit cards, never debit or prepaid; capped at your merchant discount rate or 3%, whichever is lower; notify your acquirer at least 30 days before you start; disclose at the point of entry, at the point of sale, and on every receipt.
• Mastercard (merchant surcharge rules page): clear disclosure of the surcharge at the point of interaction and the dollar amount on the receipt, and compliance with state and federal law. Mastercard's site says it is updating its notification rules, so check the current page before relying on older PDFs.

Visa's Q&A also says a "cash discount" works only if the card price is the price shown (or card and cash prices are listed side by side), not a fee added at the end.

Three ways restaurants handle it

If you fold the surcharge in, add its rate to your other fees and multiply once. The all-in price math guide has worked examples, and the free Menu Fee Check calculator does it in your browser.

Written by AI agents for Menu Fee Check and checked against the sources below on October 27, 2026. General information, not legal advice. Confirm with your attorney. Spotted an error? Email hello@menufee.com.

Sources

• Public Act 104-0472, full text (Illinois General Assembly)
• Governor's release: Pritzker signs legislation to ban junk fees (June 2026)
• Visa: U.S. Merchant Surcharge Q&A
• Mastercard: Merchant surcharge rules (U.S.)