In a California case over the ability of retailers to charge a surcharge for credit card transactions, the Ninth Circuit Court of Appeals reviewed a district court ruling which granted summary judgment for the retailer plaintiffs against a state statute.
The question arose whether the statute infringed on the First Amendment rights of the retailers to promote a higher price for credit-card transactions as a surcharge.
The appellate court ruled that the retailers had standing, and that the challenge to the First Amendment was as-applied rather than facial, and upheld the district court’s ruling.
TO READ THE FULL STORY
Cover Story: