Supreme Court Orders New Look at New York Credit-Card Surcharge Ban
- Supreme Court ruling is partial win for retailers that sued
- Federal appeals court had upheld New York’s surcharge ban
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The U.S. Supreme Court ordered closer scrutiny of a New York law that bars merchants from imposing surcharges on credit-card purchases, giving a group of retailers a partial victory by saying the measure might violate their free-speech rights.
Chief Justice John Roberts said the federal appeals court that upheld the law was wrong to analyze it as a form of price regulation. Writing for the high court, he said the measure regulates speech, requiring it to meet a tougher legal test. The decision to return the case to the lower court was unanimous.