Colorado Code
Part 2 - Maximum Finance Charges and Other Fees and Charges
§ 5-2-212. Surcharges on Credit Transactions - Enforcement - Definitions

(1) [ Editor's note: This version of subsection (1) is effective July 1, 2022. ] (a) Except as otherwise provided in sections 24-19.5-103 (3) and 29-11.5-103 (3), a seller or lessor in any sales or lease transaction may impose a surcharge on a buyer or lessee who elects to use a credit or charge card in lieu of payment by cash, check, or similar means in accordance with subsection (1)(c) of this section.
(b) A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller, or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or charge card.
(c) A seller or lessor may impose a surcharge pursuant to either subsection (1)(c)(I) or (1)(c)(II) of this section as follows:

(d) For any goods or services purchased or leased through payment by credit or charge card, the seller, lessor, or service provider shall provide as a separate line item on the customer's receipt the surcharge amount imposed pursuant to subsection (1)(c) of this section.
(e) A seller or lessor may impose only a single credit or charge card surcharge per sales or lease transaction pursuant to subsection (1)(a) of this section.
(f) A seller or lessor shall not impose a surcharge if a customer elects to pay for goods or services by:
(I) Using cash or a check;
(II) Using a debit card, whether or not a personal identification number is used;

(g) As used in this subsection (1):
(I) "Charge card" includes those cards pursuant to which unpaid balances are payable on demand.
(II) "Merchant discount fee" means the actual fee, expressed as a percentage or fixed amount of the total transaction amount, that a seller or lessor pays its processor or service provider to process the transaction.

(I) Violates the code; and
(II) Is subject to liability as a creditor under the code.
(b) For purposes of liability for a violation of this section, a buyer or lessee is a consumer.

To cover the cost of processing a credit or charge card transaction, and pursuant to section 5-2-212, Colorado Revised Statutes, a seller or lessor may impose a processing surcharge in an amount not to exceed 2% of the total payment made for goods or services purchased or leased by use of a credit or charge card. A seller or lessor shall not impose a processing surcharge on payments made by use of cash, a check, or a debit card or redemption of a gift card.
To cover the cost of processing a credit or charge card transaction, and pursuant to section 5-2-212, Colorado Revised Statutes, a seller or lessor may impose a processing surcharge in an amount not to exceed the merchant discount fee that the seller or lessor incurs in processing the sales or lease transaction. A seller or lessor shall not impose a processing surcharge on payments made by use of cash, a check, or a debit card or redemption of a gift card.
Source: L. 2000: Entire article R&RE, p. 1206, § 1, effective July 1. L. 2003: (1) amended, p. 1442, § 3, effective April 29. L. 2021: (1) amended and (3) and (4) added, (SB 21-091), ch. 476, p. 3404, § 1, effective July 1, 2022.
Editor's note: This section is similar to former § 5-3-110, as it existed prior to 2000.