Junk fee litigation has, until recently, been largely a consumer-facing story: diners, online shoppers, and eventgoers challenging the “service,” “processing,” and “convenience” fees that appear at checkout. A new proposed class action filed in North Carolina turns that narrative around. Specifically, a proposed class of North Carolina businesses recently filed a complaint alleging that their payment processors systematically charged them “junk fees” totaling almost $100 every month.

Merchants have been suing their processors and acquirers over undisclosed or misdescribed fees for decades, typically through breach of contract and unfair trade practices claims. What is new here is the “junk fee” label itself, borrowed from the consumer pricing-transparency movement, and the question it raises: Can the wave of state “total price” and junk fee statutes built for consumer transactions give merchants an additional, and potentially more powerful, tool to challenge the fees their own processors charge them?

Continue Reading Merchants Take the “Junk Fee” Fight to Their Payment Processors

States continue to devote significant attention to consumer protection and pricing transparency issues. During the 2025-2026 legislative cycle, legislatures across the country introduced, debated, enacted, and, in some cases, rejected legislation relating to surcharging, “junk fees,” interchange fees, and related pricing practices. Although the status of individual bills varies and legislative sessions have now concluded in many states, these measures provide a useful illustration of the approaches states are considering and signal that similar proposals are likely to continue emerging in future legislative sessions. As a result, companies should remain diligent in monitoring developments across jurisdictions to ensure their awareness of and compliance with applicable laws and regulations.

With respect to surcharging, states have pursued a variety of approaches, with some considering outright prohibitions and others seeking to impose limits or conditions on surcharge practices. For example, New Jersey considered legislation (NJ AB4807) that would prohibit surcharging altogether. Other states explored permitting surcharges while limiting the amount that may be charged. In Georgia (GA HB700) and Oklahoma (OK SB2132), lawmakers considered proposals that would restrict surcharge amounts by reference to merchants’ processing costs. In addition, some states examined legislation that would permit surcharging only where alternative payment methods not subject to surcharges are available. Examples include Illinois (IL SB1931) and Minnesota (MN SF3875). Finally, several states have focused specifically on debit card transactions. Louisiana recently enacted legislation (LA SB254) that prohibits retail businesses from imposing a surcharge on consumers who pay with a debit card and creates a private right of action for consumers harmed by violations of the Act. The Louisiana bill was signed by the governor and will become effective on August 1, 2026.

Continue Reading State Fee Regulation Trends: Surcharging, Junk Fees, UDAP, and Interchange Fees