Lower Court Holding in Expressions v. Schneiderman
Decision of the Second Circuit U.S. Court of Appeals
New York General Business Law Section 518 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, check, or similar means.” Plaintiffs‐Appellees in this action are five New York businesses and their owners and managers. They sued the attorney general of the State of New York and the district attorneys of New York County and Kings County in the United States District Court for the Southern District of New York, claiming that Section 518 violates the First Amendment’s Free Speech Clause and…
