A Florida law that regulates how merchants handle credit card swipe fees violates the First Amendment, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled.
The 2-1 ruling strikes down a state statute that makes it a misdemeanor to impose a “surcharge” on a customer for using a credit card but expressly allows the offering of a “discount” for paying in cash. That appears to create a circuit split—which can prompt the U.S. Supreme Court to get involved—given that the Second Circuit in September upheld a similar New York law.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
