A Florida statute that criminalizes surcharges on credit card sales transactions violates the First Amendment to the U.S. Constitution, a divided U.S. Court of Appeals for the Eleventh Circuit said Nov. 4 (Dana’s Railroad Supply v. Bondi, 2015 BL 362717, 11th Cir., 14-cv-14426, 11/4/15).
The ruling benefits retailers who say such laws put them at severe legal risk and complicate relationships with customers.
It comes shortly after the Second Circuit in September upheld a similar surcharge law in New York that also provided for criminal penalties, rejecting First Amendment claims in that case 105 BBR 479, 10/5/15, 189 Banking Daily, 9/30/15, See previous story, 09/30/15
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