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United States Supreme Court

Expressions Hair Design v. Schneiderman, 15-1391

In a challenge to New York General Business Law section 518, which provides that no seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, filed by merchants who wish to impose surcharges for credit card use, arguing that the law violates the First Amendment by regulating how they communicate their prices and that it is unconstitutionally vague, the Second Circuit Court of Appeals' conclusion that section 518 did not violate the First Amendment because price regulation alone regulates conduct not speech, is vacated and remanded where: 1) the Court's review is limited to whether section 518 is unconstitutional as applied to the particular pricing scheme that plaintiffs seek to employ (a single-sticker regime, in which merchants post a cash price and an additional credit card surcharge); 2) section 518 prohibits the pricing regime plaintiffs wish to employ; 3) section 518 regulates speech; and 4) section 518 is not vague as applied to plaintiffs.

Appellate Information

  • Decided
  • Published 2017/03/29




  • United States Supreme Court


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