Data for owners
Restaurant junk-fee and surcharge laws by state
13 states have laws or rules on how restaurants show service fees and surcharges. The safest approach everywhere: one honest price, nothing added at checkout.
Updated November 11, 2026 · Sources: state laws and attorney-general guidance, linked per item · For information only, not legal advice.
California
SB 478 + SB 1524 (honest pricing; restaurant fee exception)
Mandatory restaurant fees allowed only if clearly and conspicuously disclosed on menus/sites; simplest path is one all-in price.
From 2024-07-01 · Source
Los Angeles County food delivery platform ordinance (Chapter 8.46, replacing pandemic Chapter 8.203)
County moved to make unincorporated-area delivery fee rules permanent; final adoption status not confirmed.
Colorado
HB25-1090 Protections Against Deceptive Pricing Practices
Total price must be shown; restaurants may list a mandatory service charge separately only with clear disclosure. Enforced under the Consumer Protection Act.
From 2026-01-01 · Source
HB26-1012 delivery price transparency (bill)
Would make delivery apps show in-store vs. app price; postponed in committee March 2026.
Card surcharges (SB21-091)
Surcharges allowed but capped at 2% (or actual cost) and must be disclosed; not on debit.
From 2021 · Source
Connecticut
Florida
SB 606 operations charges (s. 509.214)
Doesn't ban fees but requires amount, purpose and separate itemizing; enforced by DBPR.
From 2026-07-01 · Source
Illinois
Illinois Junk Fee Ban Act
All-in advertised prices incl. mandatory fees; restaurant-specific compliance rules; AG enforces. Effective date: confirm in public act.
Interchange Fee Prohibition Act (no swipe fees on tax/tips)
Delayed to July 1, 2027 and enjoined for national banks and card networks; litigation continues.
From 2027-07-01 · Source
Iowa
H 2047 (2026) pricing disclosure for lodging, ticketing and food platforms
Pending bill; would add price disclosure duties for food platforms.
Maryland
H 895 (2026) dynamic / surveillance pricing
Third-party delivery providers can't price by personal data; effective date not confirmed.
Massachusetts
940 CMR 38.00 junk fee regulations
Show all-in price on menus and bills; disclose any party-size service charge; up to $5,000 per violation.
From 2025-09-02 · Source
Minnesota
Oregon
SB 430 (2025) total-price disclosure
Online-sold goods/services must show the full price with mandatory fees.
From 2026-01-01 · Source
Pennsylvania
H 1216 / S 640 delivery platform total price
Pending; apps would have to show all-in prices.
Virginia
SB 1212 / HB 2515 (2025) mandatory fee disclosure
Total price incl. mandatory fees must be disclosed; violations fall under the VCPA. Restaurant-specific modifications exist; check statute.
From 2025-07-01 · Source
Washington
Seattle Council Bill 120379 permanent delivery cap
15% cap on delivery fees; restaurants may opt out for extra services; apps can't cut driver pay to comply.
From 2022 · Source
Does the federal junk fee rule cover restaurants?
No. The FTC rule on unfair or deceptive fees (2025) covers live-event tickets and short-term lodging only. State laws are what matter for restaurants.
Can I still add a service charge?
It depends on the state. Some require the charge to be shown clearly on the menu and in the price; some ban add-on fees. Check the source for your state and talk to your advisor.
How does WhatsTable handle this?
WhatsTable adds nothing to the guest’s bill. The price on your menu is the price they pay, plus tax.
See it working in a real restaurant.
Order from a restaurant that runs on WhatsTable, then talk to us for 20 minutes about yours.
$0 a month · No setup fee · No contract · Nothing added to your guests' bill