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Calif. Can't Ban Credit Card Surcharges, 9th Circ. Finds

Law360, Los Angeles (January 3, 2018, 6:46 PM EST) -- A Ninth Circuit panel found Wednesday that California’s law banning credit card surcharges violates free speech rights, saying in a published decision that the restriction is “more extensive than necessary” to protect consumers from misleading pricing tactics.

Five businesses, led by Italian Colors Restaurant, had challenged the constitutionality of a state law prohibiting retailers from imposing a surcharge on customers who make payments with credit cards — though the law does allow businesses to offer discounts for other methods of payment, like cash or debit cards.

A California federal...
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Case Information

Case Title

Italian Colors Restaurant, et al v. Xavier Becerra

Case Number



Appellate - 9th Circuit

Nature of Suit

3950 Constitutionality of State Statutes

Date Filed

April 30, 2015

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