The U.S. Court of Appeals for the Eleventh Circuit recently struck down Florida’s “anti-surcharge” statute, Fla. Stat. § 501.0117, holding that the Florida law prohibiting charging a fee to pay by credit card was an unconstitutional restriction of free speech. A copy of the opinion in Dana’s Railroad Supply, et al v. Attorney General, State of Florida is available at: Link to Opinion. Four small businesses filed suit after receiving cease-and-desist letters from the Florida Attorney General demanding they refrain from charging lower prices for customers using cash and higher prices for those using credit cards, and demanding that they refrain from…
Posts tagged as “Banking”
The U.S. Court of Appeals for the First Circuit recently denied a bank’s request pursuant to the Bank Secrecy Act to shield certain business records from being produced and used in a putative class action, holding that none of the subject documents constitute a draft SAR, or reflect the decision-making process as to whether a SAR should be filed, the process of preparing a SAR, or an attempt to explain the content of a SAR post-filing. A copy of the opinion is available at: Link to Opinion. The lead plaintiffs sued the bank, alleging that a customer used his accounts…