Court Rejects Fed Interchange Cap Rule

The U.S. District Court for the District of Columbia issued a decision today striking down the Federal Reserve’s price caps on debit interchange fees. U.S. District Court Judge Richard Leon said in his ruling that the Fed did not follow congressional intent when it implemented the cap and other changes imposed by what is known as the Durbin amendment.

Credit Union National Association General Counsel Eric Richard said, “This decision will have a potentially devastating impact on the ability of small debit card issuers, particularly credit unions, to continue offering this vital payments service to their members and customers.

“The decision, no doubt, will challenge credit unions to continue their debit card programs without incurring drastic cuts in revenue, or imposing additional fees on their members–the last thing that credit unions want to do.

“Right now, the current debit interchange system remains the same. However, the court has signaled it is going to consider the current system further in the weeks to come. We are investigating our legal options on behalf of credit unions going forward.”

CUNA and a broad coalition of trade groups filed an amicus brief in the case in April 2012 refuting the merchants’ suit charges that the Fed cap is too high. The brief countered that it is, instead, too low and does not allow debit card issuers to cover their costs and a reasonable rate of return on their investments.

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