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Expert Analysis

Analyzing 2nd Circ. NY Credit Card Surcharge Ban Case

Law360, New York (November 4, 2015, 11:19 AM EST) -- A New York law that prohibits merchants from imposing a surcharge on credit card purchases does not violate the First Amendment or the Due Process Clause, the Second Circuit recently ruled in Expressions Hair Design et al. v. Schneiderman et al. The Second Circuit held that the state law (Section 518 of New York's General Business Law) only regulates conduct, not speech....

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