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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K ( Mark One ) [ X ] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 Nevada ( State or Other Jurisdiction of Incorporation or Organization ) 3124 Brother Blvd , Suite 104 , Bartlett , TN ( Address of Principal Executive Offices ) Title of each class N / A Commission File Number 000-52522 SURGEPAYS , INC . ( Exact Name of Registrant as Specified in Its Charter ) Securities registered pursuant to Section 12 ( b ) of the Act : or 38133 ( Zip Code ) ( 901 ) 302-9587 ( Registrant's telephone number , including area code ) Trading Symbol ( s ) Large accelerated filer [ ] Non - accelerated filer [ X ] Emerging growth company [ X ] N / A 98-0550352 ( I.R.S. Employer Identification No. ) Name of each exchange on which registered N / A Securities registered under Section 12 ( g ) of the Exchange Act : Common Stock , par value $ 0.001 per share Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes [ ] No [ X ] Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15 ( d ) of the Act . Yes [ ] No [ X ] Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . [ ] Indicate by check mark whether the registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes [ X ] No [ ] Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes [ X ] No [ ] Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , smaller reporting company , or an emerging growth company . See the definitions of a " large accelerated filer , ” “ accelerated filer ” and “ smaller reporting company , " and emerging growth company in Rule 12b - 2 of the Exchange Act . ( Check One ) Accelerated filer [ ] Smaller reporting company [ ]