The three models, precisely
Cash discount: the displayed price is the cash price, and card users see an itemized service fee at the register, typically 3-4%. Legal in all 50 states when implemented correctly.
Surcharging: the displayed price is the card price, and cash users receive a discount. Banned in Connecticut, Massachusetts, and Maine, with disclosure and cap requirements in several other states. Network rules restrict it to credit cards only and cap it at the cost of acceptance or 4%, whichever is lower.
Dual pricing: both prices are displayed for every item. Legally the cleanest - there is nothing to characterize as a discount or surcharge - and operationally the heaviest, because every menu, board, kiosk, and online interface must carry both numbers.
Choosing by concept
Fast casual and QSR: cash discount. Menu boards stay single-price, the register handles disclosure, and guest tolerance is now well established.
Full service with heavy corporate and business-travel volume: consider dual pricing. Expense reimbursement policies sometimes flag added service fees, and a displayed card price avoids the conversation entirely.
Multi-state operators: cash discount, without exception. A single national program is worth more than a few points of optimization achieved by running different models in different states.
Compliance details that actually get operators in trouble
Fee exceeding cost of acceptance. If your effective cost is 2.9% and you charge 4%, you are outside network rules regardless of state law.
Applying a surcharge to debit. Prohibited under network rules in every state, and the most common configuration error after a rollout.
Disclosure after the fact. The fee must be disclosed before the transaction is completed - signage at entry and at the register, plus a receipt line item.
Third-party channels. Delivery marketplaces and most online ordering platforms do not participate; those channels keep bearing processing cost, and pricing them as though they do not is a reconciliation problem later.
What each model is worth
All three compress net processing cost from roughly 3% to under 0.5% on participating volume. The difference between them is not economics - it is legality by state, guest perception in your segment, and how much menu and display work your team can absorb.
The full economics, including a worked 50-unit example, are in our complete guide to restaurant credit card processing fees.
Takeaways
Cash discount works in all 50 states; surcharging does not.
Never surcharge debit, and never exceed your actual cost of acceptance.
Multi-state operators should run one national model, not a patchwork.
Related reading
How Restaurants Eliminate Credit Card Processing Fees: The Complete Cash Discount GuideInterchange Optimization for Restaurants: 30-80 bps Without Touching the Guest