A. Several states have recently enacted “junk fee” or price transparency laws that require businesses to display the full price customers must pay, including all mandatory fees. These laws create additional compliance considerations for dual pricing programs.
Key States with New Requirements:
- Virginia (SB 1212/HB 2515) – Effective July 1, 2025: Requires businesses to clearly and conspicuously display the total price including all mandatory fees or surcharges in advertised prices.
- California (SB 478) – Effective July 1, 2024: The “Honest Pricing Law” mandates that businesses include all mandatory fees in the advertised price of products or services.
How Dual Pricing May Interact with These Laws:
When properly implemented, dual pricing can potentially comply with these laws because:
- The advertised price is the card price (the higher, full price)
- The cash discount is presented as optional savings, not a mandatory fee
- Both prices are displayed transparently before purchase
Critical Compliance Considerations:
However, there is legal complexity and ambiguity here:
- These laws were designed to eliminate surprise fees added at checkout
- It’s unclear whether regulators view the credit card processing markup built into the “card price” as a “mandatory fee”
- Requirements for signage, disclosure language, and price display vary significantly by jurisdiction
- Enforcement and interpretation of these new laws is still evolving
Our Strong Recommendation:
Do not implement dual pricing in states with new price transparency laws without first consulting with legal counsel who is familiar with your specific state and local requirements.Â
