Tag Archives: Credit Card

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First Amendment

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The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”),[1] upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying with a credit card.  In a unanimous decision, a three-judge panel for the Ninth Circuit agreed with the district court that an over 30-year-old … Continue reading this entry

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under California Law

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In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and unenforceable under California law. Furthermore, the court held that the Federal Arbitration Act (“FAA”) did not preempt this rule of California law … Continue reading this entry