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Supreme Court of the United States › Expressions Hair Design v Schneiderman

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Morrison & Foerster LLP

Financial Services Report - Summer 2017

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EDITOR’S NOTE - Summer blockbuster season is officially upon us. Have you seen Wonder Woman yet? What about Guardians of the Galaxy Part 2? It’s déjà vu all over again with Baywatch, Pirates of the Caribbean, Alien,...more

Eversheds Sutherland (US) LLP

US Supreme Court’s Ruling Bolsters Taxpayers’ First Amendment Right To Pass Through Fees (and Taxes)

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On March 29, 2017, in a unanimous ruling, the US Supreme Court ruled that a New York statute, which prohibits identifying a surcharge to customers for credit card payments, regulates speech and is therefore subject to...more

Bass, Berry & Sims PLC

Supreme Court of the United States Holds that New York Law Regarding Credit Card Surcharges Regulates Speech, Remands for Further...

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Last week, in a unanimous decision, the Supreme Court of the United States held that New York General Business Law Section 518, which provides that "[n]o seller in any sales transaction may impose a surcharge on a holder who...more

Goodwin

Financial Services Weekly News - April 2017

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Editor's Note - A New Argument for Financial Regulatory Reform. Over the past several weeks, there has been a steady stream of pessimistic views on the prospects for meaningful financial regulatory reform. Senate Banking...more

Seyfarth Shaw LLP

Supreme Court Says Credit Card Surcharge Ban Regulates Free Speech

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The Supreme Court in Expressions Hair Design et al. v. Schneiderman held that New York’s law prohibiting credit card surcharging (General Business Law §5 18) regulates speech, and on Wednesday asked the Second Circuit to...more

Bond Schoeneck & King PLLC

Supreme Court Holds Credit Card Surcharge Law is a Speech-Based Regulation

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For nearly four years we have been tracking the ongoing legal battle over a merchant’s right in New York to charge a surcharge to customers who use a credit card as a method of payment. This saga came to a head on March 29,...more

K&L Gates LLP

U.S. Supreme Court Sides with Merchants in Credit Card Surcharge Case, But the Fight Isn’t Over Yet

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On March 29, 2017, the U.S. Supreme Court ruled that a New York statute restricting credit card surcharges regulated commercial speech. Yet, Expressions Hair Design v. Schneiderman (No. 15-1391) did not decide whether such...more

Stoel Rives LLP

Credit Card Surcharge Ban on Life Support after Supreme Court Decision

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The U.S. Supreme Court held last week that New York’s ban on credit card surcharging is a restraint on speech under the First Amendment. Expressions Hair Design v. Schneiderman, No. 15-1391 (U.S. Mar. 29, 2017). The case was...more

Morrison & Foerster LLP

Supreme Court "Expresses" Unanimous View That Credit Card Disclosure Rules Regulate Speech

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On March 29, 2017, the U.S. Supreme Court held that a New York law restricting the way merchants may communicate prices to their customers regulates speech and, thus, is subject to review under the First Amendment....more

Fox Rothschild LLP

When is a Price Not Just a Price But a Matter of Speech Protected by the First Amendment?

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A New York case decided this week by the U.S. Supreme Court involving a state prohibition on credit card surcharge fees would not, at first blush, seem to involve “speech,” let alone “speech” that needs to be protected by the...more

Snell & Wilmer

U.S. Supreme Court - Credit Card Disclosure Statute Regulates Free Speech

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In a unanimous decision, the U.S. Supreme Court recently held that retailers engage in protected speech when they communicate their prices to customers. Specifically, the Court addressed communication regarding differential...more

BCLP

U.S. Supreme Court Rules NY Surcharge Law Regulates Speech

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The U.S. Supreme Court ruled last week that New York’s statutory ban on merchant’s surcharging customers who choose to pay for credit cards is a regulation of speech and is not merely a regulation of pricing conduct, as the...more

Ballard Spahr LLP

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

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New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Expressions Hair Design v. Schneiderman

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On March 29, 2017, the U.S. Supreme Court decided Expressions Hair Design v. Schneiderman, No. 15-1391, holding that New York General Business Law § 518, which prohibits merchants from posting a cash price and imposing a...more

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