Eric T. Schneiderman et al.
Barbara D. Underwood, counsel of record
In 1984, the State of New York enacted a “no-surcharge” law that prohibits merchants from charging customers who pay using a credit card more than those paying with cash. The law was modeled after a 1976 Federal statute that Congress had allowed to lapse. While it is not illegal for stores to offer a discount for cash, New York State officials instructed businesses that described differing cash/credit prices as an additional fee to change their language or face a fine. In 2013, a group of New York merchants filed suit against New York, the attorney general, and other State officials,…
