New York 'Swipe Fees' Statute Is Unconstitutional, Federal Judge Rules

New York 'Swipe Fees' Statute Is Unconstitutional, Federal Judge Rules

NEW YORK - A federal judge in New York on Oct. 3 granted a preliminary injunction to five retailers who sued the New York attorney general and other officials challenging the constitutionality of Section 518 of the New York General Business Law, which prohibits sellers from imposing credit card "swipe fees," saying the "virtually incomprehensible distinction between what a vendor can and cannot tell its customers offends the First Amendment $(to the U.S. Constitution$) and renders section 518 unconstitutional" (Expressions Hair Design, et al. v. Eric R. Schneiderman, et al., No. 13-3775, S.D. N.Y.; 2013 U.S. Dist. LEXIS 143415).

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