To paraphrase the Eleventh Circuit, imposing a surcharge rather than offering a discount is no more misleading than calling the weather warmer in New Orleans rather than colder in San Francisco. This is from the United States Court of Appeals for the Ninth Circuit decision allowing retailers to state they are charging a surcharge for use of credit cards rather than giving a discount for the use of cash. Here's another excerpt from their decision:Applying intermediate scrutiny, the panel held that the activity to which plaintiffs' desired speech was directed - charging credit card users more than cash users - was not unlawful or misleading. The panel held that enforcing section 1748.1 against plaintiffs
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