Lynn ROWELL, doing business as Beaumont Greenery; Micah P. Cooksey; MPC Data and Communications, Incorporated; Mark Harken; NXT Properties, Incorporated; Paula Cook; Montgomery Chandler, Incorporated; Shonda Townsley; Townsley Designs, L.L.C., Plaintiffs-Appellants v. Leslie L. PETTIJOHN, in her official capacity as Commissioner of the Office of Consumer Credit Commissioner of the State of Texas, Defendant-Appellee, 865 F.3d 237

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM: In Rowell v. Pettijohn, 816 F.3d 73 (5th Cir. 2016), our court affirmed the dismissal of appellants’ challenge to Texas’ Anti-Surcharge Law, which prohibits merchants from imposing surcharges for credit-card purchases. We held the law did not implicate the First Amendment’s free-speech protections and was not unconstitutionally vague. Id. at 82, 84. On 29 March 2017, the Supreme Court, in a similar matter, Expressions Hair Design v.

Schneiderman, — U.S. —, 137 S.Ct. 1144, 197 L.Ed.2d 442 (2017), held speech was regulated and remanded to the second circuit. As a result, the Court remanded this matter to our court “for further consideration in light of Expressions Hair Design”. Rowell v. Pettijohn, No. 15-1455, - U.S -, 137 S.Ct. 1431, 197 L.Ed.2d 644 (2017). Accordingly, this matter is REMANDED to district court for further proceedings consistent with Expressions Hair Design.