The Kansas District Court issued a judgment on Friday Feb 26 in favor of our client, Chicago-based payments technology company CardX, LLC, declaring that a Kansas law prohibiting credit card surcharges was unconstitutional as applied to CardX’s surcharging model. The court held that the statute violated CardX’s First Amendment right to commercial speech by unjustifiably controlling how prices are communicated to consumers. This judgment brings the number of states in which CardX is able to operate to 47, with only Colorado, Connecticut and Massachusetts continuing surcharge bans.
CardX was represented by Bernard Nash and Keturah Taylor of the State AG Group.
Read the Law360 article here.