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Justices Struggle With NY Credit Card Surcharge Ban

Law360, New York (January 10, 2017, 8:39 PM EST) -- The U.S. Supreme Court on Tuesday struggled with the question of whether a New York law banning merchants from disclosing a credit card surcharge constitutes a price control or a potential limitation on free speech, and could send that question back to the state for further proceedings.

The high court’s eight justices struggled with whether they should apply the stricter scrutiny required by the first amendment to New York state’s law, which bars retailers from telling consumers that they will be hit with a surcharge to...
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