Justices Eye Credit Card Surcharge Laws And Free Speech

Law360, New York (November 3, 2016, 2:07 PM EDT) -- Kirk Jenkins

Meegan Brooks On Sept. 29, 2016, the U.S. Supreme Court agreed to decide whether state bans on credit card surcharges violate retailers’ First Amendment rights, granting certiorari in Expressions Hair Design v. Schneiderman, No. 15-1391, ---- S.Ct. ----, 2016 WL 2855230, at *1 (U.S. Sept. 29, 2016).

The Court’s decision in Expressions will impact the business of retailers nationwide, who are currently barred from charging such fees in several states, and who could potentially soon be barred from doing so in a number of...
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