At this time there is only one US territory and four states that don’t allow credit card surcharges. In the following jurisdictions imposing a credit card surcharge is still illegal:
Puerto Rico
Colorado
Connecticut
Kansas
Massachusetts
In the following states, anti-surcharging laws remain on the books but are unenforceable due to court decisions:
California
Florida
Maine
New York
Oklahoma
Texas
Utah
Anti-surcharging provisions may still exist in some commercial contracts. States have limits on the amount and conditions for surcharges. For example, here in New Jersey the maximum surcharge allowed was 4% even though some small businesses actually pay more than that in total credit card recessing fees.
Thanks to peer accountant Sara Laidlaw Woodruff for compiling this update.