Retailers Want Supreme Court to Hear Swipe Fees Case

Coalition of retailers, including NACS, will challenge appeals court ruling.

June 03, 2014

WASHINGTON – A coalition of retailers, including NACS, is asking the Supreme Court to hear an appeal on Federal Reserve rules that allow banks to charge unreasonably high "swipe fees" each time a shopper swipes a debit card.

"Given how extensive these fees are and how they affect virtually every transaction that takes place in the United States ... it's a serious case that the Supreme Court ought to hear," Doug Kantor, an attorney with Steptoe & Johnson in Washington, D.C., who represents the retailers, said Monday.

Fed spokesmen did not immediately respond to requests for comment. Businesses pay the fees, also known as interchange fees, to banks when customers use debit cards to purchase goods or services. The fees are set by Visa and MasterCard and reimburse banks for costs involved in providing the cards.

The 2010 Dodd-Frank law called for the Fed to cap the fees, which were about 44 cents per transaction at the time. Retailers had argued the fees were too high and led to higher prices for consumers.

The Fed in 2011 limited swipe fees to 21 cents per transaction, but retailers said the law intended the cap to be even lower. A coalition of retailers, including NACS and the National Retail Federation, sued the Fed in 2011.

A U.S. district court in July 2013 sided with the retailers. The Fed appealed, and in March a three-judge appeals panel reversed the lower court's decision and upheld the Fed's rules. The retailers had the option of appealing to the full appellate court or directly to the Supreme Court. The court now will decide whether or not to hear the case.

"We're eager to demonstrate to the Supreme Court that the Fed got the law wrong,” said Lyle Beckwith, senior vice president of government relations for NACS. “Consumers could and should be saving billions more from debit reform."

NACS has lead the effort in challenging unreasonable swipe fees. You can learn more about the issue here.

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