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Truth in Lending Act (TILA) Retail Market

Foley & Lardner LLP

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

Foley & Lardner LLP on

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

Seyfarth Shaw LLP

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

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