Square might be revising their User Agreement on Surcharge as merchants in the United States and U.S. Territories will be permitted to impose a surcharge on consumers when they use MasterCard or Visa credit card starting January 27, 2013.
Network Rules currently prohibit you from (a) assessing a surcharge for the use of a Card in connection with any transaction, or (b) dispensing cash on any Card transaction.
Notice the word “currently” in the user agreement. Square might have to revise their User Agreement to comply with the new regulation.
California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas have laws in place limiting or prohibiting merchants from adding surcharge to credit card transaction.
Screen capture of Square User Agreement was taken on Sunday January 27, 2013 04:00 a.m. Pacific Time.