SCOTUS orders new look at New York’s credit card surcharge ban

Source: Bloomberg

“The U.S. Supreme Court ordered closer scrutiny of a New York law that bars merchants from imposing surcharges on credit-card purchases, giving a group of retailers a partial victory by saying the measure might violate their free-speech rights. Chief Justice John Roberts said the federal appeals court that upheld the law was wrong to analyze it as a form of price regulation. Writing for the high court, he said the measure regulates speech, requiring it to meet a tougher legal test. The decision to return the case to the lower court was unanimous. The case is part of a broader fight by retailers to reduce the $50 billion in ‘swipe fees’ they pay card companies each year. Merchants say they could discourage card use — and reduce those fees — if they were allowed to explicitly impose surcharges on credit purchases.” (03/29/17)