Can I do Cash Discounting in New Hampshire?
Yes, please see below.
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New Hampshire has no specific restrictions on surcharging so businesses must follow Federal and card brand guidelines.
New Hampshire has no specific text addressing credit card or other payment type related discounts. For these circumstances, we refer to the Durbin Amendment of the Dodd Frank Act:
(2) LIMITATION ON RESTRICTIONS ON OFFERING DISCOUNTS FOR USE OF A FORM OF PAYMENT.—
(A) IN GENERAL.—A payment card network shall not, directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise, inhibit the ability of any person to provide a discount or in-kind incentive for payment by the use of cash, checks, debit cards, or credit cards to the extent that— (i) in the case of a discount or in kind incentive for payment by the use of debit cards, the discount or in-kind incentive does not differentiate on the basis of the issuer or the payment card network; (ii) in the case of a discount or in-kind incentive for payment by the use of credit cards, the discount or in-kind incentive does not differentiate on the basis of the issuer or the payment card network; and (iii) to the extent required by Federal law and applicable State law, such discount or in-kind incentive is offered to all prospective buyers and disclosed clearly and conspicuously.
(B) LAWFUL DISCOUNTS.—For purposes of this paragraph, the network may not penalize any person for the providing of a discount that is in compliance with Federal law and applicable State law.
15 U.S.C. 1693 o-2 §920 added by §1075(a)(2) of title X of the Act of July 21, 2010 (Pub. L. No. 111-203; 124 Stat. 2068 effective July 21, 2010