Can an Oregon business add a service fee at online checkout?
Quick answer
Only one kind: a service fee calculated by distance or by the buyer's selections, and only if you show it prominently before the buyer agrees to pay (ORS 646A.087(1)(c)). Government taxes and fees and the real cost of shipping can also be added. Any other fee the buyer must pay has to be inside the online price.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Law | ORS 646A.087 (SB 430, Oregon Laws 2025, chapter 311); in the current ORS | Official source |
| Rule | A person that offers or sells goods or services online may not advertise, display or offer a price that leaves out fees or charges a purchaser must pay to complete the transaction | Official source |
| Allowed extras | (a) taxes or fees a government imposes; (b) reasonable charges actually incurred to ship the goods or provide the services; (c) a service fee calculated by distance or the purchaser's selections, disclosed prominently before the purchaser agrees to pay | Official source |
| Not covered | Financial institutions and mortgage lenders giving federal disclosures, and broadband providers that meet FCC label rules (646A.087(3)) | Official source |
| State penalty | Unlawful practice under ORS 646.608; up to $25,000 per violation for willful use, sought by a prosecuting attorney (ORS 646.642(3)) | Statute text (public.law copy) |
| Private suits | Actual damages or $200, whichever is greater, for an ascertainable loss from a willful violation; file within 1 year of discovery (ORS 646.638) | Statute text (public.law copy) |
| Last verified | October 22, 2026 | Astor Ventures |
Does a flat service fee count as an allowed extra?
The exception covers a service fee calculated according to distance or the purchaser's selections. A flat fee charged on every order does not depend on either, so on the statute's wording it belongs in the price. The statute does not say how a percentage fee that grows with the order is treated, so treat that case with care or include it in the price.
What does prominent disclosure before payment mean in practice?
The service fee must be shown clearly before the buyer agrees to pay, not revealed after the order is placed. Showing it on the product or menu page and again in the cart, with how it is calculated, is the safest reading of the text.
Does this cover in-store prices?
ORS 646A.087 applies to a person that offers or sells goods or services online, and to the prices it advertises, displays or offers. Paper menus and shelf tags are not named in this section, but other Oregon unlawful trade practice rules can still apply to them.
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What else do people ask?
Can I add a credit card or convenience fee online?
If the buyer must pay it to complete the order, it is a fee that must be in the online price, unless it is a government fee or a distance or selection-based service fee disclosed before payment.
Can customers sue?
Yes. A customer with an ascertainable loss from a willful violation can recover actual damages or $200, whichever is greater (ORS 646.638).
Has the law changed in 2026?
The Legislature's chapter page notes 2026-session changes in chapter 646A. Check the 2026 tables before relying on this text.
Is this legal advice?
No. General information only.
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