A three-judge panel of a federal appellate court upheld the merchant challenge to California’s ban on credit card surcharges. The ruling represents at least a partial win by merchant groups seeking to overturn state bans on surcharges, especially when such laws attempt to regulate how merchants communicate different prices for cardholders and cash users. A case involving New York’s surcharge ban went to the Supreme Court and is now back for further adjudication in lower courts.

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