Guide to Credit Card Surcharging Laws in West Virginia for MSPs

As of February 2025, MSPs in West Virginia are permitted to add credit card surcharges, but they must follow regulations governing this practice. 

For MSPs operating in West Virginia, successfully implementing a surcharge policy requires thorough planning. This includes understanding federal laws, card network rules, and best practices for ensuring and maintaining client trust. 

Automating surcharge calculations can also help ensure accuracy while keeping payment processes smooth and transparent.

This guide outlines West Virginia’s surcharging regulations, offers practical steps for compliance, and explores how automation tools help MSPs efficiently manage surcharges while maintaining a seamless client experience.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. MSPs should conduct thorough due diligence and consult a legal professional before implementing a surcharge policy in West Virginia.

{{toc}}

What is Credit Card Surcharging for MSPs in West Virginia?

Credit card processing fees can quickly reduce the profits of managed service providers in West Virginia, especially those handling recurring client payments. 

Instead of absorbing these costs entirely, MSPs can surcharge clients a portion of the fees, reducing the impact on their bottom line.

Surcharging works by adding a small percentage to the total transaction when a client pays with a credit card. 

For instance, if an MSP issues an invoice for $8,500 and applies a 3.5% surcharge, the client’s final payment would increase to $8,797.50

This allows the MSP to recover nearly $297.50 in processing fees, minimizing the cost of accepting credit card payments while staying within legal limits.

Suppose an MSP processes $75,000 in monthly credit card transactions. By implementing a 2.5% surcharge, they could recover approximately $1,875 per month, totaling $22,500 per year—money that would otherwise be lost to transaction fees.

While surcharging helps offset expenses, maintaining strong client relationships is just as important. Some MSPs choose to absorb part of the fee to ease the impact on clients while still recovering a portion of their costs.

Understanding Credit Card Surcharging Laws in West Virginia

As of February 2025, no state laws in West Virginia prohibit MSPs from charging surcharges on credit card transactions. Thus, MSPs in West Virginia are permitted to add credit card surcharges to recover processing fees.

However, federal regulations and card network rules must be followed to ensure compliance.

One consequential restriction is that debit and prepaid cards cannot be surcharged, even if they are processed as credit transactions. This rule is outlined in the Durbin Amendment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which applies nationwide, including in West Virginia.

Disclosure is at the core of compliance—MSPs that impose surcharges must notify clients about these fees before completing a transaction. 

West Virginia’s laws also allow county officers who collect fines, fees, and taxes to accept credit and check card payments. These officers may add a fee to each transaction, but the amount must only reflect the actual processing cost paid to the payment provider. 

The law also requires that clients be informed of the exact fee before completing a transaction, and no extra fees beyond the processing cost can be imposed.

A properly itemized invoice might look like this:

  • Service Total: $6,000
  • Credit Card Surcharge (3.5%): $210
  • Total Due if Paying by Credit Card: $6,210
  • Total Due if Paying by Alternative Payment Method (ACH): $6,000

Adherence to these transparency guidelines maintains client trust while allowing MSPs to offset credit card processing expenses.

West Virginia does not currently impose any additional known restrictions on surcharges for private businesses, but regulatory changes are always possible. 

Staying informed about both state laws and the rules set by card networks like Visa, Mastercard, American Express, and Discover is critical for maintaining compliance.

For MSPs unsure about the legal framework surrounding surcharges in West Virginia, consulting with a legal professional can provide guidance on structuring surcharge policies while avoiding potential compliance issues.

Implementing Credit Card Surcharging for West Virginia MSPs

Research suggests that client reactions to surcharges can vary. A study by PYMNTS found that over 75% of clients would be less likely to use a credit card if a surcharge was applied, and 40% said they would consider switching service providers

Because of this, West Virginia MSPs must implement surcharges carefully to recover costs while maintaining strong client relationships.

Below is a structured approach for MSPs in West Virginia to apply surcharges effectively and compliantly.

Step 1: Develop a Clear Surcharge Policy

Before implementing surcharges, MSPs should establish a well-defined policy outlining:

  • The surcharge percentage
  • When and how it is applied
  • How clients will be notified

MSPs can choose from different surcharge structures based on transaction size, payment method, or client type.

Examples of Surcharge Structures:

1. Fixed Percentage Surcharge:

A set percentage (e.g., 3%) is applied to every credit card transaction.

Example:

A West Virginia MSP invoices a client for $9,500 with a 3% surcharge.

  • Surcharge Amount: $285
  • Total Due: $9,785

2. Tiered Surcharge System:

A variable rate applies depending on the transaction amount.

Example:

  • 2% surcharge on transactions under $5,000
  • 3.5% surcharge on transactions over $5,000

For a $4,800 invoice, a 2% surcharge adds $96, bringing the total to $4,896.
For a $6,200 invoice, a 3.5% surcharge adds $217, making the final total $6,417.

3. Flat Fee Surcharge 

A fixed dollar amount is applied regardless of transaction size. 

Example:

A West Virginia MSP applies a $50 surcharge to all transactions.

  • Invoice for 3,000 + $50 surcharge = 3,050 (May exceed actual processing costs)
  • Invoice for 10,000 + $50 surcharge = 10,050 (More likely to stay within processing cost limits)

MSPs considering a flat fee surcharge should carefully review their processing rates to avoid exceeding the true cost of credit card acceptance. 

If unsure, a percentage-based surcharge is often the safer option. Even then, merchants must be sure the percentage does not exceed actual processing costs. 

Step 2: Notify Card Networks and Clients

West Virginia MSPs must inform card brands before implementing surcharges. Failure to do so may result in disputes, chargebacks, or penalties.

For example, Visa and Mastercard require MSPs to submit a notification form at least 30 days before surcharging begins.

According to Visa’s guidelines:

“U.S. merchants must first notify Visa and their acquirer of their intent to surcharge at least 30 days before implementing surcharging. Merchants can submit a notification form to Visa.”

Once card networks are informed, MSPs must communicate the surcharge policy to clients. 

If a client receives an invoice for $7,000 and sees a 3% surcharge of $210 that wasn’t disclosed in advance, they may dispute the charge, leading to chargebacks and potential penalties. 

A Swipesum report estimates the average cost of a chargeback dispute at $190 per case.

To prevent these costly disputes, MSPs in West Virginia can:

  • Send notification emails or add a statement to invoices about surcharge policies.
  • Include a surcharge breakdown on every invoice, showing the fee and how it’s calculated.
  • Update client contracts and service agreements to reflect surcharging policies.

Step 3: Update Billing & Invoicing Systems

Once the surcharge policy is finalized, MSPs must ensure their invoicing and billing systems itemize surcharges appropriately. This prevents disputes and ensures transparency.

Example Invoice:

  • Service Fee: $11,000
  • Credit Card Surcharge (3.5%): $385
  • Total Due: $11,385

Using automated tools like FlexPoint simplifies the process. 

With FlexPoint, MSPs reduce manual payment errors while maintaining complete transparency with clients.

Step 4: Maintain Compliance and Monitor Changes

Credit card surcharging regulations can change based on decisions from Visa, Mastercard, or regulatory agencies like the Consumer Financial Protection Bureau (CFPB)

West Virginia state officials can also propose new legislation impacting surcharging policies at any time.

To stay compliant, MSPs in West Virginia should:

  • Adhere to surcharge caps
  • Monitor legal updates
  • Track client feedback about surcharges

For example, if Visa lowers its surcharge cap to 2.75%, an MSP charging 3% must adjust its invoices and update contracts immediately. Failing to comply could result in penalties from Visa and potential client disputes.

Using a tool like FlexPoint ensures MSPs can quickly adjust surcharge settings if regulations change, reducing the risk of non-compliance.

FlexPoint’s automated billing ensures compliance while reducing administrative workload for MSPs looking to streamline surcharge implementation.

The Role of FlexPoint in Streamlining Credit Card Surcharging for West Virginia MSPs

Credit card processing fees can cut into profits if there’s no strategy in place to manage them. Without a well-defined approach, MSPs in West Virginia may find themselves paying thousands each year in transaction fees.

FlexPoint simplifies this challenge by offering payment automation tools designed specifically for MSPs. These tools streamline credit card surcharging while ensuring compliance with card network rules.

Payment Processing Plans 

MSPs understand their clients best, and FlexPoint provides multiple payment processing plans that allow them to choose the best approach for their business model. 

Whether an MSP decides to absorb processing fees, pass them entirely to clients, or split costs, FlexPoint offers tailored solutions that maintain transparency and efficiency.

FlexPoint Credit Card Surcharging Option

1. Interchange+ Plan

The Interchange+ Plan uses a transparent pricing model based on the interchange rate assigned to each credit card type.

Every card brand—Visa, Mastercard, American Express, and Discover—has its own interchange rate, meaning the cost of processing a transaction varies depending on the card used.

Example:

  • A client pays with a Visa debit card, which has an interchange fee of 1.65%, keeping processing costs low.
  • Another client uses a high-reward Mastercard, with an interchange fee of 3.1%, leading to higher transaction costs.

This plan is ideal for MSPs that prefer to absorb processing fees rather than pass them on to clients. While this approach can help strengthen client relationships, it may not be cost-effective for MSPs handling large monthly transaction volumes.

2. Client Surcharge Plan

The Client Surcharge Plan allows MSPs to pass credit card processing fees directly to clients by adding a fixed percentage surcharge to every credit card transaction.

This plan eliminates processing fees from the MSP’s operational costs, improving cash flow and protecting profit margins. The surcharge percentage remains consistent, offering predictability and transparency for both MSPs and their clients.

Example:

A West Virginia MSP invoices a client for $7,200 in services.

  • A 2.75% surcharge adds $198 to the total.
  • The client’s final amount due becomes $7,398.

This plan works well for MSPs that want to manage costs without absorbing credit card processing fees.

3. Hybrid Approach

Not all MSPs want to charge clients the entire processing fee, which is why FlexPoint also offers the option of splitting the fee between the MSP and the client.

This approach allows the MSP to absorb part of the fee while passing the rest to the client, ensuring a balance between cost recovery and client satisfaction.

Example:

A West Virginia MSP processes a $9,500 invoice and decides to split the 3% processing fee evenly with the client.

  • The MSP absorbs 1.5%, covering $143 of the processing fee.
  • The remaining 1.5% surcharge of $143 is passed to the client.

The client’s final invoice total becomes $9,643.

How FlexPoint Enhances Surcharging Compliance and Transparency

Without a reliable system, MSPs risk non-compliance with card networks (Visa, Mastercard, American Express, Discover) and federal or state guidelines.

FlexPoint streamlines this process in several ways:

  • Accurate Surcharge Calculation: FlexPoint ensures surcharge rates are precisely calculated and do not exceed regulatory limits, such as Visa’s 3% cap or Mastercard’s 4% cap
  • Transparent and Organized Invoicing: FlexPoint automatically itemizes surcharges on invoices, displaying them as a separate line item with the exact amount and percentage applied.
  • Full Disclosure for Clients: Every invoice generated through FlexPoint clearly breaks down service charges, surcharges, and the total amount due. 

Example of an Invoice Using FlexPoint

West Virginia MSP Client INVOICE

Company Name: Your MSP
Invoice #: 015432
Invoice Date: March 10, 2025
Due Date: April 9, 2025

Bill To:
[Client Company Name]
[Client Address]
[Client Contact Name]
[Client Email]

Payment Terms

Payment is due within 30 days of the invoice date. The surcharge complies with federal regulations (within the 4% cap), West Virginia state guidelines, and card brand policies.

Notes

Thank you for your business! If you have any questions regarding this invoice, please contact us at [Your Contact Information].

Example FlexPoint Invoice with Credit Card Surcharging Option

FlexPoint’s Integration with MSP Tools for Efficient Billing

FlexPoint Integration Capabilities

Manually managing credit card surcharges can be time-consuming and error-prone, leading to inaccurate invoices, delayed payments, and compliance risks. 

FlexPoint simplifies this process by integrating with the financial and billing tools many MSPs in West Virginia already use, ensuring seamless automation.

FlexPoint connects with widely used financial platforms, including:

These integrations allow MSPs to automate three critical financial operations:

  1. Automated Invoicing: Generate and send invoices with pre-calculated surcharges clearly itemized, reducing payment errors and delays.
  2. Automated Billing: Collect payments seamlessly, ensuring that credit card processing fees are correctly included in total charges.
  3. Real-time Reconciliation: Automatically sync payments with accounting records, keeping financial data accurate and up to date.

Consider a West Virginia MSP using FlexPoint with QuickBooks Online

When the MSP processes a payment, the surcharge is:

  • Automatically calculated and applied based on the selected surcharge policy.
  • Displayed on the invoice as a separate line item, ensuring complete transparency.
  • Immediately reflected in QuickBooks Online, updating financial records in real time.

This instant synchronization eliminates the need for manual financial management, reducing common payment errors and ensuring financial records always match transactions. MSPs can then focus on delivering services instead of spending hours on billing and reconciliation.

In addition to automating financial workflows, FlexPoint offers branded client payment portals

These portals:

  • Give MSPs complete visibility into cash flow and outstanding balances.
  • Enhance the client payment experience, providing a professional and seamless checkout process.
  • Allow clients to choose payment methods, ensuring flexibility while maintaining surcharge compliance.
FlexPoint Branded Client Portal

Offering Flexibility in Surcharging

Credit card surcharging isn’t a one-size-fits-all approach, and FlexPoint gives West Virginia MSPs the flexibility to manage it strategically. 

With automated surcharge rules, MSPs customize surcharging policies for different clients, balancing cost recovery and client satisfaction.

For example, an MSP may waive surcharges for long-term clients as a loyalty benefit while applying them to new or infrequent clients who require additional administrative resources. 

FlexPoint also allows MSPs to set automatic surcharge rules based on specific transaction criteria. This automation ensures surcharges remain within card brand limits, reducing the risk of non-compliance or billing disputes.

If a client pays with Visa, FlexPoint ensures the surcharge does not exceed 3%, aligning with Visa’s surcharging cap. 

This automation prevents errors, eliminates the need for manual oversight, and ensures compliance across all transactions.

Beyond helping MSPs stay compliant, FlexPoint also enhances the client payment experience with personalized payment portals.

FlexPoint Surcharging Flexibility

Clients can update their payment information anytime, choosing the method that minimizes fees. For example, if they typically pay with Mastercard but switch to Visa to reduce surcharge fees, they can update their payment method directly in the portal.

Conclusion: Streamlining Payments with Effective Surcharging Strategies

Transparency, compliance with regulations, and client communication help West Virginia MSPs minimize disputes and maintain strong client relationships when implementing credit card surcharging.

Surcharges must be clearly itemized on invoices so clients can see exactly what they are being charged. 

Providing advance notice about surcharges is also imperative, as unexpected fees lead to confusion and frustration. MSPs create a smoother billing experience for clients and reduce payment-related disputes with open communication.

Credit card networks like Visa, Mastercard, American Express, and Discover enforce strict limits on surcharge percentages, and failing to comply can result in penalties and chargebacks. 

Navigating these regulations manually is challenging, but FlexPoint simplifies the process. With FlexPoint, MSPs automate surcharge calculations, ensuring fees never exceed allowable thresholds. 

The platform’s tools, including automated invoicing, dynamic surcharge rules, and branded payment portals, efficiently manage transactions without disrupting the client experience.

Enhance your MSP’s bottom line and compliance with automated credit card surcharging solutions from FlexPoint

Stay within West Virginia’s regulations and simplify your MSP payment processes using FlexPoint today.

Schedule a demo to see how FlexPoint can transform your financial operations and maximize profitability.

Additional FAQs: Credit Card Surcharging in West Virginia for MSPs

{{faq-section}}

Read More

No items found.
Table of Contents
Is It Legal to Add a Surcharge to Credit Card Payments in West Virginia for MSPs?

Yes, as of February 2025, MSPs in West Virginia are permitted to apply credit card surcharges. However, MSPs must adhere to transparency requirements to inform clients about surcharge fees before completing a transaction.

MSPs should also ensure compliance with federal laws and card network regulations to avoid chargebacks, fines, or other penalties.

What Is the Maximum Surcharge Percentage an MSP Can Charge in West Virginia?

While federal regulations allow surcharges of up to 4%, Visa caps surcharges at 3%. Mastercard permits up to 4%, but only if processing fees exceed that threshold (which is rare).

The surcharge percentage must never exceed the actual processing cost charged by their payment provider.

Do MSPs Need to Inform Their Clients About Surcharging Practices in West Virginia?

Yes, MSPs in West Virginia must notify clients of surcharges before the transaction is processed.

Clients should clearly understand:

  • The surcharge percentage applied to their payment.
  • How the surcharge appears on invoices.
  • When and under what circumstances surcharges apply.

FlexPoint automates this process by displaying surcharge fees as a separate line item on invoices, ensuring full transparency.

How Can FlexPoint Help Ensure Compliance with Surcharging Laws in West Virginia?

FlexPoint ensures MSPs remain compliant with all federal, state, and card network surcharging regulations. 

The platform:

  • Automatically calculates surcharges so they never exceed legal limits.
  • Itemizes surcharges on invoices to maintain transparency.
  • Keeps up with card network rules to prevent compliance violations.

By automating these processes, FlexPoint helps MSPs avoid manual errors, chargeback disputes, and potential fines.

What Are the First Steps for MSPs Looking to Implement Surcharging in West Virginia?

MSPs should begin by:

  • Developing a clear surcharge policy that outlines when and how surcharges apply.
  • Selecting automated payment software like FlexPoint to manage surcharge calculations and invoicing.
  • Training employees on proper surcharging procedures to ensure consistent compliance.
  • Communicating with clients to ensure they understand surcharge fees in advance.

Clear policies, automation, and proactive communication will help MSPs in West Virginia recover credit card processing fees efficiently while maintaining client trust.