You may have seen that the ban on card surcharges started yesterday, 1 October 2026. It applies to charities as well as businesses, and there is no general exemption for not-for-profits.
For most charities, online donations is where this issue arises. If your webpages invite donors to "cover the processing fee” or similar, that now needs a second look.
In this example here 'Include $0.41 so we receive 100% of your payment.' implies that a surcharge applies. Box ticked by default undermines the argument that the payment is a voluntary choice.
EP Law has prepared guidance to help you work through the changes. It explains where the risks sit, and the practical steps they recommend, including suggested wording for your forms and a checklist you can take to your team or board.
If you would like a copy or advice on your own forms, platform or fundraising set-up, you can reach EP Law’s Senior Lawyer, Kirstie Le Lievre at kirstie@eplaw.co.
