One of the most frequent questions we get is “Is cash discount legal?” 100% yes, our credit card cash discount program is legal, utilizing a cash discount at the point of sale is completely legal in all 50 states. A cash discount can easily be confused with a credit card fee or surcharge, which is legal in only 40 of the 50 United States. (Surcharging is illegal in Texas, Oklahoma, New York, Massachusetts, Maine, Kansas, Florida, Connecticut, Colorado and California.)