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Impact of the Recent U.S. Supreme Court Decisions on Credit Card Surcharge Bans


Mon, May 1, 2017


 General Information

Cost: Members: $95
Non-Members: $195

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Registration Includes: One telephone and web connection at one physical location


US: 3:00pm – 4:00pm ET

About the Webinar

Following the 2012 antitrust settlement that eliminated the contractual ban on credit card surcharges, laws in ten states and Puerto Rico prohibiting merchants from imposing credit card surcharges have impacted trade creditors’ decisions on accepting credit card payments. The 2nd, 5th, and 11th Circuit U.S. Courts of Appeal have reached conflicting holdings on the constitutionality of various states’ surcharge bans. The past few weeks have seen activity by the U.S. Supreme Court (SCOTUS) in three cases stemming from these decisions. On March 29, SCOTUS vacated the 2nd Circuit’s decision upholding New York’s surcharge ban and remanded the case to the 2nd Circuit to evaluate the ban as a speech restriction. Four days later, SCOTUS vacated the 5th Circuit’s decision upholding Texas’ surcharge ban and declined to review the 11th Circuit’s holding, which declared Florida’s surcharge ban unconstitutional. During this webinar, the speakers will focus on the impact that these decisions, as well as the Supreme Court’s recent refusal to review the 2nd Circuit’s decision overturning the VISA/Mastercard interchange fee settlement, will have on trade creditors’ acceptance of credit card payments and their ability to pass through credit card surcharges to their customers.

About the Speaker

Wanda Borges, Esq., Borges & Associates LLC, Bruce S. Nathan, Esq. and Andrew Behlmann, Esq., Lowenstein Sandler LLP

Webinar Access

Instructions to join the Webinar will be sent to the main registrant's email address the day before. Remember! please log-in at least 15 minutes prior to the webinar commencing to ensure ample time for technical assistance if needed.