Case Detail

Expressions Hair Design v. Schneiderman
On July 13, 2017, WLF filed a brief in the U.S. Court of Appeals for the Second Circuit, urging it to strike down a New York law that prohibits merchants from informing their customers that a “surcharge” is being imposed on customers who use credit cards. The law does not prohibit charging a higher price for credit customers; it simply prohibits merchants from characterizing the higher price as a “surcharge” on the regular price. WLF argued that the law violates the First Amendment rights of merchants, many of whom wish to inform customers of the extra costs incurred any time they use credit cards. The law was adopted at the urging of credit-card companies, who fear that consumers will be less likely to use credit cards if they know that doing so will result in a “surcharge” above the regular price.
Case Status:
On December 6, 2017, the court placed the case on hold while it certified a state-law question to the New York Court of Appeals.
More Information and Downloads:
7/13/2017: Download the Brief

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