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

Published on: September 30, 2015 09:33 PM
By: Reuters 
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Credit cards are pictured in a wallet in Washington, February 21, 2010.  REUTERS/Stelios VariasCredit cards are pictured in a wallet in Washington, February 21, 2010.  REUTERS/Stelios Varias

New 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.

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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Read Comments (4)  —  Post Yours »


 Sep 30, 2015 at 10:49 PM yes Says:

it should be enforced at the gas stations!


 Sep 30, 2015 at 11:07 PM yeah. Says:

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.


 Oct 01, 2015 at 09:53 AM yankee96 Says:

especially gas stations!!!


 Oct 02, 2015 at 03:44 AM Jewish_1st Says:

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

imo some kind of Uber solution


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