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

03/30/2017

by John S. Delikanakis and V.R. Bohman

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 pricing between cash and credit card purchases. The Court held that statutes requiring differential pricing to be described as cash “discounts” rather than credit card “surcharges” are subject to heightened scrutiny under the First Amendment. The Court reasoned that such statutes regulate speech and not conduct. Expressions Hair Design v. Schneiderman, Docket No. 15-1391, issued on March 29, 2017, addressed a New York statute targeting such differential pricing and can be read by clicking here.

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