News & Analysis as of September 24, 2024

Merchants

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Parties in case challenging constitutionality of NY “no credit card surcharge” law jointly seek dismissal of complaint and appeal

Ballard Spahr LLP on 1/11/2019

The NY Attorney General and the plaintiffs in Expressions Hair Design v. Schneiderman have filed a joint motion with the U.S. Court of Appeals for the Second Circuit asking the court to vacate the district court’s final...more

NY Court of Appeals issues interpretation of NY “no credit card surcharge” law

Ballard Spahr LLP on 10/26/2018

The New York Court of Appeals has issued an opinion in Expressions Hair Design v. Schneiderman interpreting the state’s law that prohibits merchants from imposing a surcharge on credit card purchases (Section 518 of the...more

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

Ballard Spahr LLP on 1/9/2018

A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

Second Circuit Issues Blockbuster Ruling in Amex, Holding Anti-Steering Rules Do Not Violate Antitrust Law

Patterson Belknap Webb & Tyler LLP on 10/6/2016

Last week the U.S. Court of Appeals for the Second Circuit issued a major win for American Express in a landmark decision in United States v. American Express Co. In that case the government filed an antitrust suit against...more

Second Circuit Rejects Constitutional Challenge to New York “No Credit Card Surcharge” Law

Ballard Spahr LLP on 10/16/2015

A New York state law that prohibits merchants from imposing a surcharge on credit card purchases does not violate the First Amendment or the Due Process Clause, the U.S. Court of Appeals for the Second Circuit recently ruled....more

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