Congressional Digest

Supreme Court Debates February 2017 No. 2 Vol. 20
Expressions Hair Design et al.

Credit Card Surcharges

Free Speech at the Cash Register

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Expressions Hair Design et al.

Deepak Gupta, Counsel of Record

Expressions Hair Design displayed a sign stating that “due to the high swipe fees charged by the credit card industry,” it would charge 3 percent more for using a credit card to pay for its services. State officials deemed that this sign violated a 1984 “no-surcharge” law that made it illegal for a business to charge more for customers who pay using credit. In 2013, Expressions joined four other New York companies in filing suit against the State and government officials, contending the law violated their First Amendment free speech protections. After a Federal district court struck down the law,…

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