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Constitutional Law Keyed to Choper
Expressions Hair Design v. Schneiderman
Citation:
581 U.S. ___, 137 S. Ct. 1144, 197 L. Ed. 2d 442 (2017)Facts
The petitioners are five New York businesses that want to impose surcharges on customers who use credit cards to offset the transaction fees they must pay to credit card companies. These fees typically amount to 2-3% of the purchase price. Rather than raising prices across the board, the merchants prefer to pass these costs only to credit card users and to clearly communicate that the credit card companies, not the merchants, are responsible for the higher prices. New York General Business Law § 518 prohibits merchants from “impos[ing] a surcharge on a holder who elects to use a credit card in lieu of payment by cash.” The merchants argue that this law prevents them from effectively communicating their pricing practices to customers. They wish to post a single sticker price (e.g., “$10”) and inform customers that a surcharge (e.g., 3% or $0.30) applies for credit card use. After several credit card companies agreed to drop their contractual surcharge prohibitions, the merchants filed suit challenging § 518 as the only remaining obstacle to their preferred pricing practice.
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