New York statute forbidding retail sellers from charging higher-than-stated prices to customers who pay with credit cards must satisfy the First Amendment test for regulations of commercial speech. As interpreted by the Court of Appeals, New York’s General Business Law section 518 forbids retail sellers from stating one cash price for their goods or services and then charging their customers who pay with credit cards a higher price. This decision holds that since the statute does not regulate the price the retailer sets for its goods or services, the statute instead regulates the retailer’s speech and so must satisfy the First Amendment test for regulations of commercial speech. The court remands to the Court of Appeals to analyze whether the statute does so.
United States Supreme Court (Roberts, C.J.; Sotomayor & Alito, JJ., concurring); March 29, 2017; 2017 WL 1155913