A number of states, including California and New York, bar merchants from charging more for using plastic instead of cash. However, the U.S. Supreme Court said these laws may be a violation of merchants’ right to free speech. The case, which was brought by 5 small businesses, involved NY law; it was sent back to the appellate court to decide whether the law in fact regulates speech. Whether merchants’ surcharges on credit card transactions can be passed on will be settled, but when is unknown.
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