The Division of Banking and Financial Institutions (Division) has jurisdiction over state-chartered banks and credit unions, state-licensed mortgage entities and individuals, consumer loan, sales finance, escrow companies and deferred deposit lenders.  The Division does not regulate payment processors such as Visa and Mastercard.

Traditionally payment processor agreements with retailers/merchants did not allow for charging fees to consumers using debit cards.  This, however, has either changed in recent years with updates to the payment processing agreements, or processors are simply choosing not to enforce those clauses.  Neither the Code of Federal Regulations (CFR) or Montana Code Annotated (MCA) have laws regarding debit card fees, either allowing or prohibiting fees on debit cards. 

If a consumer does not wish to pay the fees on debit card transactions, the consumer can pay by cash or check, or let the business know you will not be a customer if they are charging debit card fees.