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Dual pricing · Illinois

Dual Pricing in Illinois

Illinois permits dual pricing, and puts almost all of the compliance weight on disclosure across every channel you sell through. The counter is the easy part. The web checkout is where operators get caught.

The legal position

The legal position in Illinois

Illinois allows merchants to charge a different price for card payments. There is no state cap of the kind Minnesota has. What Illinois has instead is a disclosure requirement, and it applies across in-person, online and telephone transactions alike.

That all-channel scope is the part that catches people. A restaurant that puts honest signage at the register and honest pricing on the printed menu, and then runs an online ordering system that shows a single price and adds a fee at checkout, has a compliance gap in the channel that is often growing fastest.

There is also a change on the horizon. The Illinois Interchange Fee Prohibition Act stops processors from charging interchange on the tax and gratuity portions of a sale. Its core provision survived a first court challenge, drew a federal preemption order that may exempt national banks, and now takes effect on 1 July 2027. It does not change your obligations today, but it does change what you should buy today.

Where Illinois stands

StatusPermitted
State capNone; card-network limits apply instead
DisclosureRequired in person, online and by phone
ReceiptThe difference must appear as its own line item
Card typesCredit only. Debit and prepaid may never be surcharged.
From 1 July 2027No interchange on the tax or gratuity portion, subject to appeal and federal preemption

Last reviewed 1 September 2026. General information about how we configure systems, not legal advice. Confirm your position with your attorney before launching.

How it works

How it works at the counter

Illinois is the state where the online checkout matters as much as the counter. Build it as one program across every channel rather than as a counter program you later bolt online ordering onto.

01

On the menu, in every channel

Printed menu, web menu, third-party delivery listing and phone-order script all carry the same two prices. One advertised price per item, everywhere the item is advertised.

02

At the point of sale and at checkout

Signage where the guest pays, and equivalent disclosure on the web checkout before the card is entered. The online step is the one most systems handle badly by default.

03

On the receipt

The difference shown as its own line item, not folded into the total. Illinois is explicit about this, and it applies to the emailed receipt as well as the printed one.

The arithmetic

What it actually saves

An illustrative example for a Chicago-area full-service room. We model your actual numbers from your last three statements first.

Worked example · Illinois

Average check$58
Share paid by card82%
Price difference applied3.5%
Checks per week260
Weekly differenceRoughly $432
NoteIllustrative only. Not a quote and not a guarantee.
Getting it running

From decision to go-live

01

Model it

Three statements against a dual-price structure, so the decision is made on your numbers rather than a generic percentage.

02

Map every channel

List every place a price is advertised: menu, website, delivery apps, phone script, third-party listings. In Illinois this step is the compliance work, and it is worth doing on paper first.

03

Reprice and configure

Both prices into the POS item file, the online ordering system and the delivery listings, with the receipt configured to show the difference as its own line.

04

Train the counter and the phone

Phone orders are a disclosed channel in Illinois. Whoever answers the phone needs the same sentence the counter staff use.

Common mistakes

What goes wrong in Illinois

  • Disclosing at the counter but not in the online checkout. This is the most common Illinois gap by a wide margin.
  • Folding the difference into the total instead of showing it as its own line item on the receipt.
  • Applying it to debit. Debit and prepaid can never carry a surcharge.
  • Leaving third-party delivery listings on old pricing while the dining room moves to two prices.
  • Buying a POS in 2026 that cannot transmit tax and gratuity as separate data fields, and finding out in 2027 that it cannot benefit from the interchange rule.
FAQ

Dual pricing questions from Illinois operators

Is a credit card surcharge legal in Illinois?

Yes, with disclosure. Illinois requires that customers be told across in-person, online and phone transactions, and the difference has to appear as its own line item on the receipt. Debit and prepaid cards may not be surcharged.

Does the disclosure rule really cover my website?

Yes, and that is the point most often missed. A surcharge disclosed at the register but not in the web checkout is disclosed in one channel out of the ones you actually sell through.

What does the 2027 interchange law mean for my dual pricing program?

They are separate things. Dual pricing changes what the customer pays. The interchange rule changes what you are charged on the tax and gratuity portion of a sale. You can run both, but only if your POS can transmit tax and gratuity as separate data fields to the acquirer.

Should I wait until 2027 to change anything?

No. The disclosure obligation exists now and the interchange rule is still under appeal. If you are replacing a system this year anyway, specify one that can split those fields, and run dual pricing on it in the meantime.

How does this work with third-party delivery?

Delivery platforms control their own checkout, so in practice the dual price applies to your direct channels and the delivery listing is priced separately. Getting that separation right, and documented, is part of the setup.

Let us model it on your numbers.

Send us your last three statements and we will show you what this looks like for your Illinois business before you commit to anything.