New York General Business Law § 518 provides that no seller may impose a “surcharge” on a customer who elects to pay with a credit card in lieu of payment by cash or check.  In Expressions Hair Design v. Schneiderman,No. 15-1391 (U.S. Mar. 29, 2017), a group of New York businesses filed suit, arguing that the law violates the First Amendment.  The district court ruled in favor of plaintiffs, but the Second Circuit reversed, holding that the law regulates pricing conduct, not speech, and thus did not violate the First Amendment.  The U.S. Supreme Court vacated and remanded, holding that the law did, in fact, regulate free speech.  Giving deference to the lower court’s interpretation of the statute, the Court determined that the law prohibited only “surcharges” for credit-card purchases, and did not preclude discounts or other types of differentiated prices for cash purchases.  Thus, the law merely prevented merchants from publishing a single sticker price, and then charging a customer an additional amount for paying with a credit-card.  The Court reasoned that § 518, therefore, was not a typical price regulation, in that it did not mandate the total amount merchants are allowed to collect from a cash or credit card payer; rather, it only regulates how sellers may communicate their prices by prohibiting sellers from posting a base (cash) price and an additional credit-card surcharge expressed as either a percentage or dollars-and-cents amount.  Because, at bottom, the law regulates how sellers must communicate their prices, the Court concluded that § 518 regulates speech, and remanded the matter for a determination of whether the law can survive First Amendment scrutiny.