Which fees can a Virginia business leave out of the advertised price?
Quick answer
Only government taxes and fees, and reasonable postage or shipping. Any other fee the customer must pay to buy the item has to be in the total price you show (Va. Code 59.1-607 and 59.1-608(A)). Restaurants and hotels comply by clearly showing the percentage of any automatic gratuity, and some sectors, such as car dealer fees authorized by law and utilities, are outside the law (59.1-608(C), 59.1-609(B)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Main rule | No advertised or displayed price without clearly showing the total price, including all mandatory fees or surcharges (59.1-608(A)) | Official source |
| Can be left out | (i) Taxes or fees imposed by a government or government-approved entity, including special-district assessments; (ii) reasonable postage or shipping fees (59.1-607, "mandatory fees or surcharges") | Official source |
| Goods plus a service | A business selling both may show the total price of the good separately from the total price or rate for the service (59.1-608(A)) | Official source |
| Restaurants and hotels | Compliant if every priced offer or ad clearly discloses the percentage of any automatic and mandatory gratuities (59.1-608(C)) | Official source |
| Price depends on choices, distance or time | Disclose the factors that set the final price, any mandatory fees, and that the total may vary (59.1-608(D)) | Official source |
| Auctions | Disclose any mandatory fees and that the total cost may vary (59.1-608(B)) | Official source |
| Not covered | Fees authorized by law that motor vehicle dealers charge; electric, gas and telecom utility charges; real estate settlement services (not broker commissions); air carriers (59.1-609(B)) | Official source |
| Allowed | Lowering a previously shown total price, or promoting a discount, including waiving a mandatory fee (59.1-609(A)) | Official source |
| Food delivery platforms (safe harbor) | A food delivery platform that complies with Chapter 54 (59.1-586 et seq.) is deemed compliant with the all-in price rule (59.1-608(I)). See what delivery apps must show. | Va. Code 59.1-608(I) · Ch. 54 |
| Live-event tickets (safe harbor) | A provider of live-event tickets that complies with the federal rule at 16 C.F.R. Part 464 relating to live-event tickets is deemed compliant (59.1-608(H)) | Va. Code 59.1-608(H) |
| Broadband, cable, satellite (safe harbor) | Deemed compliant when following 47 C.F.R. 8.2(a) broadband labels, 47 U.S.C. 552 (cable) or 47 C.F.R. 76.310 (satellite) (59.1-608(E)-(G)) | Va. Code 59.1-608(E)-(G) |
| Last verified | October 28, 2026 | Astor Ventures |
Can I add a "service fee" or "convenience fee" at checkout?
Not outside the advertised price if the customer must pay it to buy. Virginia defines a mandatory fee as any additional fee or surcharge that must be paid to purchase the advertised good or service. The only carve-outs in the definition are government taxes and fees and reasonable postage or shipping.
What counts as "reasonable" shipping?
The statute does not define it. It only says reasonable postage or shipping fees are not mandatory fees. A shipping charge that is really a disguised handling fee is a risk; we do not set a number the law does not set.
Are delivery apps and ticket sellers covered?
They have their own paths. A food delivery platform that follows Virginia's delivery platform chapter, and a live-event ticket seller that follows the federal ticket rule (16 C.F.R. Part 464), are treated as compliant (59.1-608(H), (I)). Broadband, cable and satellite providers following federal pricing rules are too (59.1-608(E)-(G)).
Want it done in an afternoon? The Virginia mandatory fees & all-in price kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment, instant download.
What else do people ask?
Is a credit card surcharge a mandatory fee?
If the customer must pay it to complete the purchase, it fits the statute's definition. The definition does not list card surcharges by name, so check your setup with a Virginia lawyer.
What is the fine?
See our Virginia junk fee fine guide. This page does not restate the penalty.
Can I advertise "fees waived"?
Yes. Displaying a promotion or discount, including waiving one or more mandatory fees, is not a violation (59.1-609(A)).
Is this legal advice?
No. General information only.
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