The short answer is yes!
The legal answer is yes! Our program can be offered in 50 states. Listed below are several legal rulings and opinions as well as the Card Association positions.
Text from Durbin Amendment
‘‘(2)(A) IN GENERAL.—A payment card network shall not, directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise, inhibit the ability of any person to provide a discount or in- kind incentive for payment by the use of cash, checks, debit cards, or credit cards to the extent that—”...
‘(iii) to the extent required by Federal law and applicable State law, such discount or in- kind incentive is offered to all prospective buyers and disclosed clearly and conspicuously.
‘‘(B) LAWFUL DISCOUNTS.—For purposes of this paragraph, the network may not penalize any person for the providing of a discount that is in compliance with Federal law and applicable State law.
New York 2nd Circuit Court of Appeals Definition of Sec. 518 (Sept. 29, 2015) “In practice...lets stores offer “discounts” to cash customers”
Visa Core Rules and Visa Product and Service Rules 15 April 2015 Visa Public CR-53 © 2014—2015 Visa. All Rights
Reserved. 184.108.40.206 Honoring All Visa Cards.
”Merchants may attempt to steer customers who initially present a Visa Card to an alternative method of payment, such as by providing discounts for cash“..
MasterCard Rules 5.11.2
...“Charges to Cardholders A Merchant must not directly or indirectly require any Cardholder to pay a surcharge or any part of any Merchant discount or any contemporaneous finance charge in connection with a Transaction. A Merchant may provide a discount to its customers for cash payments. “...
Discover - Merchant Operating Regulations R11.1 - Section 2.5, Surcharges and Discounts ... New terms permit you to offer discounts at the point-of-sale as provided in the Dodd- Frank Act. You may offer differential discounts depending on the method of payment (e.g., credit, debit, cash or check), but such discounts may not differentiate based on issuer or payment network.”...
American Express Merchants Policy Guide Section 3.2
“You may offer discounts or in-kind incentives from your regular prices for payments in cash.”