National Retail Federation says law violates merchants’ freedom of speech

The National Retail Federation (NRF) is calling for more transparency when it comes to credit card fees, urging the Supreme Court to let merchants show customers the extra costs that come with paying with a credit card instead of cash.

In a press release announcing the move on Tuesday (Jan. 10), NRF SVP and General Counsel Mallory Duncan said retailers aren’t interested in tacking on surcharges for customers who use credit cards as a payment method.

“That would be the opposite of our goal to bring credit card swipe fees under control. But merchants do want to be able to show customers the cost of using a credit card without running afoul of the law,” she said, noting the case isn’t about surcharging but giving retailers “freedom of speech” when it aims to give customers a break for paying with cash. “Some states allow cash discounts but prohibit credit card surcharges. A gas station owner shouldn’t be hauled into court for saying gas is $2.90 a gallon cash and $3 credit rather than saying $3 credit and $2.90 cash,” Duncan said.


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