EXPRESSIONS HAIR DESIGN v. SCHNEIDERMAN

Nos. 13-4533, 13-4537.

803 F.3d 94 (2015)

EXPRESSIONS HAIR DESIGN, Linda Fiacco, The Brooklyn Farmacy & Soda Fountain, Inc., Peter Freeman, Bunda Starr Corp., Donna Pabst, Five Points Academy, Steve Milles, Patio.Com LLC, David Ross, Plaintiffs-Appellees, v. Eric T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, Cyrus R. Vance, Jr., in his official capacity as District Attorney of New York County, Charles J. Hynes, in his official capacity as District Attorney of Kings County, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2015.


Attorney(s) appearing for the Case

Judith Vale , Assistant Attorney General ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Deputy Solicitor General, on the brief), for Defendant-Appellant Eric T. Schneiderman, in his official capacity as Attorney General of the State of New York.

Larry A. Sonnenschein , Ronald E. Sternberg , for Zachary W. Carter , Corporation Counsel of the City of New York, for Defendants-Appellants Cyrus R. Vance, Jr., in his official capacity as District Attorney of New York County, and Charles J. Hynes, in his official capacity as District Attorney of Kings County.

Henry C. Meier , Associate General Counsel, for Amicus Curiae Credit Union Association of New York in support of Defendants-Appellants.

Deepak Gupta , Gupta Beck PLLC, Washington, DC ( Gary Friedman , Friedman Law Group, LLP, New York, N.Y., on the brief), for Plaintiffs-Appellees.

Linda P. Nussbaum , Grant & Eisenhofer, P.A., New York, N.Y., for Amici Curiae The Co., The Great Atlantic & Pacific Tea Co., Inc., Albertson's LLC, and Rite Aid Corp., in support of Plaintiffs-Appellees.

J. Douglas Richards , Cohen Milstein Sellers & Toll PLLC, New York, N.Y., for Amici Curiae Consumer Action, National Association of Consumer Advocates, National Consumers League, and U.S. Public Interest Research Group, in support of Plaintiffs-Appellees.

Before: WESLEY, LIVINGSTON, and CARNEY, Circuit Judges.


New York General Business Law § 518 ("Section 518") provides that "[n]o seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means." Plaintiffs-Appellees in this action ("Plaintiffs") are five New York businesses...

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