CUNA has filed papers with the U.S. Supreme Court to challenge a law prohibiting merchants from imposing surcharges for using payment cards, but not prohibiting cash discounts.
In the amicus brief, filed on Wednesday, CUNA asked the court to uphold the New York law stating, "The New York law is especially critical for credit unions, who have a statutory mission to serve consumers of modest means and who often can provide credit cards only if an adequate number of cardholders is maintained."
A similar law in California was declared unconstitutional in 2015. The New York case in question, Expressions Hair Design v. Schneiderman, argues that the state law impacts the First Amendment right to free speech. The Supreme Court has agreed to hear arguments of the case.
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Michael Ogden
Editor-in-Chief at CU Times. To connect, email at [email protected]. As Editor-in-Chief of CU Times since 2016, Michael Ogden has led the editorial team in all aspects of content strategy and execution, including the creation of the publication’s exclusive and proprietary research database of the credit union industry’s economic landscape. Under Michael’s leadership, CU Times has successfully shifted to an all-digital editorial product with new focuses on the payments, fraud, lending and regulatory beats. Most recently, he introduced a data-focused editorial product for subscribers that breaks down credit union issues into hard data, allowing for a deeper and more factual narrative for readers. In 2024, he launched the "Shared Accounts With CU Times" podcast, which offers a fresh, inside-the-newsroom perspective through interviews with leaders from the credit union industry and the regulatory world. He dives into pressing credit union issues, while revealing the personalities working behind-the-scenes to push the credit union world forward. His background includes years as a radio and TV anchor/reporter and a public relations and digital/social media manager, where he covered the food and music industries, as well as cooperatives and credit unions. Over the years, he has launched numerous exclusive video and podcast series, including a successful series of interactive backstage interviews with musicians at music festivals, showcasing his social media and live streaming production skills.
