New York – Credit Card Surcharge Ban Revived By U.S. Court

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    Credit cards are pictured in a wallet in Washington, February 21, 2010.  REUTERS/Stelios VariasNew York – A federal appeals court revived a New York state law banning surcharges on credit card purchases, saying a lower court judge erred in finding the law unconstitutional.

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    By a 3-0 vote, the 2nd U.S. Circuit Court of Appeals said the law, which subjects retailers to criminal penalties if they impose surcharges on customers who pay with plastic rather than cash, violates neither the First Amendment nor the Due Process clause of the U.S. Constitution.

    The decision overturned an October 2013 ruling by U.S. District Judge Jed Rakoff in Manhattan. He said the law violated retailers’ free speech rights by prohibiting them from telling customers about the extra costs of paying with credit cards.

    Retailers have long complained about the cost of accepting credit cards, including the “swipe” fees they pay to card networks such as MasterCard Inc and Visa Inc.


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    4 Comments
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    Oyvey
    Oyvey
    8 years ago

    it should be enforced at the gas stations!

    cookookajew
    Member
    cookookajew
    8 years ago

    and here we go again. back to the 20 dollar minimum to use credit cards. im on the fence about this and feel that this should be the cost of buisiness. however, since we know the little people dont have a say in the matter – a suggestion.whould it be such a bad idea for retailers to actually display what the merchant fee is and charge that? you never know when your being taken for a ride.

    yankee96
    yankee96
    8 years ago

    especially gas stations!!!

    Jewish_1st
    Jewish_1st
    8 years ago

    the more this story roars is ugly head its a step closer to the answer

    imo some kind of Uber solution