Debit Card Reform Clears Final Hurdle in Senate

NACS members are encouraged to thank their senators who voted in support of convenience retailers and merchants across the country and opposed the Tester-Corker amendment.

June 09, 2011

WASHINGTON - Yesterday the Senate rejected an amendment offered by Senators Jon Tester (D-MT) and Bob Corker (R-TN), marking a major victory for the convenience and fuel retailing industry that demonstrates the power of consumer and retail industry advocacy efforts.

The Tester-Corker amendment needed 60 votes for passage in the Senate, however it failed to clear this hurdle and ended with a vote of 54 to 45. Defeat of the amendment, which sought to delay (i.e., effectively kill) debit card swipe fee reform and was intensely supported and funded by the country€™s largest banks, removes the last hurdle to important debit swipe fee reforms mandated by Congress in 2010.

"This vote is an enormous win for consumers, since it fundamentally changes the rules for how banks collect $1 billion every month in debit swipe fees from consumers," said NACS Chairman Jeff Miller, who is president of Norfolk, Virginia-based Miller Oil Co. "The vote means that consumers will now have a choice in how they pay for goods, and retailers will be able to provide incentives to reward customers for selecting lower-cost options, instead of funneling these costs directly to the banks. Today€™s vote clearly shows the importance of making your voice heard," he added.

"This was a 10-year battle to kill the banking industry€™s stranglehold on how our country€™s payment system operates; we were fighting against an opponent that has poured hundreds of millions of dollars into maintaining the status quo. Our convenience and fuel retailing industry played a leading role in this historic victory: petition campaigns from a record-setting 5.4 million consumers demanding change, tens of thousands of letters and calls from retailers to Congress and hundreds of personal visits our members made to congressional offices, both on Capitol Hill and in their hometowns."

Defeat of the amendment clears the path for the Federal Reserve€™s final rules on debit card reform €" due for release any day €" to become law on July 21. The reforms limit price-fixing by the nation€™s largest banks; they will now be required either to compete on their debit card swipe fees or charge an amount that is "reasonable and proportional" to their costs.

"While the banks continue to use fear tactics to mislead Americans about how this vote will affect them, the banking industry ironically is also a winner with today€™s vote," added Miller. "The Federal Reserve€™s proposed rules would still allow banks to make a reasonable, if not sizable, profit on debit transactions. A survey of banks by the Fed found that debit swipe costs averaged around 4 cents per transaction, and the final rules are expected to set rates at least 300 percent above that rate €" a profit margin that is unimaginable in our industry, which saw overall pretax profits of 1.1 percent in 2010."

While this historic vote remains the last hurdle for implementation of debit swipe fee reform, plenty of work remains, said Miller. "We will work with the Federal Reserve and Congress to ensure that this remains a win for consumers and we will continue to push for other reforms in our payments system."

Please Thank Your Senators
"This vote would not have been possible without the incredible grassroots action by NACS members, their colleagues, friends and families," said NACS Senior Vice President of Government Relations Lyle Beckwith. "NACS members have done an unprecedented job of making sure their voices were heard loud and clear through face-to-face meetings, phone calls and letters €" more than 30,000 letters through our NACS grassroots website alone €" asking senators to vote against the Tester-Corker amendment."

Please take the time to thank your senators for their vote in support of convenience retailers and merchants across the country by opposing the Tester-Corker amendment.
See how your senators voted:

Akaka (D-HI), Yea
Alexander (R-TN), Yea
Ayotte (R-NH), Yea
Barrasso (R-WY), Nay
Baucus (D-MT), Yea
Begich (D-AK), Yea
Bennet (D-CO), Yea
Bingaman (D-NM), Nay
Blumenthal (D-CT), Nay
Blunt (R-MO), Yea
Boozman (R-AR), Yea
Boxer (D-CA), Nay
Brown (D-OH), Nay
Brown (R-MA), Nay
Burr (R-NC), Nay
Cantwell (D-WA), Nay
Cardin (D-MD), Nay
Carper (D-DE), Yea
Casey (D-PA), Nay
Chambliss (R-GA), Nay
Coats (R-IN), Yea
Coburn (R-OK), Yea
Cochran (R-MS), Yea
Collins (R-ME), Nay
Conrad (D-ND), Nay
Coons (D-DE), Yea
Corker (R-TN), Yea
Cornyn (R-TX), Yea
Crapo (R-ID), Yea
DeMint (R-SC), Yea
Durbin (D-IL), Nay
Enzi (R-WY), Nay
Feinstein (D-CA), Nay
Franken (D-MN), Nay
Gillibrand (D-NY), Yea
Graham (R-SC), Nay
Grassley (R-IA), Nay
Hagan (D-NC), Yea
Harkin (D-IA), Nay
Hatch (R-UT), Yea
Heller (R-NV), Yea
Hoeven (R-ND), Yea
Hutchison (R-TX), Yea
Inhofe (R-OK), Yea
Inouye (D-HI), Nay
Isakson (R-GA), Nay
Johanns (R-NE), Yea
Johnson (D-SD), Yea
Johnson (R-WI), Yea
Kerry (D-MA), Nay
Kirk (R-IL), Yea
Klobuchar (D-MN), Nay
Kohl (D-WI), Nay
Kyl (R-AZ), Yea
Landrieu (D-LA), Nay
Lautenberg (D-NJ), Nay
Leahy (D-VT), Nay
Lee (R-UT), Yea
Levin (D-MI), Nay
Lieberman (ID-CT), Not Voting
Lugar (R-IN), Nay
Manchin (D-WV), Yea
McCain (R-AZ), Yea
McCaskill (D-MO), Yea
McConnell (R-KY), Yea
Menendez (D-NJ), Nay
Merkley (D-OR), Nay
Mikulski (D-MD), Yea
Moran (R-KS), Yea
Murkowski (R-AK), Yea
Murray (D-WA), Nay
Nelson (D-FL), Yea
Nelson (D-NE), Yea
Paul (R-KY), Yea
Portman (R-OH), Yea
Pryor (D-AR), Nay
Reed (D-RI), Nay
Reid (D-NV), Nay
Risch (R-ID), Yea
Roberts (R-KS), Yea
Rockefeller (D-WV), Nay
Rubio (R-FL), Yea
Sanders (I-VT), Nay
Schumer (D-NY), Yea
Sessions (R-AL), Yea
Shaheen (D-NH), Nay
Shelby (R-AL), Yea
Snowe (R-ME), Nay
Stabenow (D-MI), Yea
Tester (D-MT), Yea
Thune (R-SD), Yea
Toomey (R-PA), Yea
Udall (D-CO), Nay
Udall (D-NM), Nay
Vitter (R-LA), Nay
Warner (D-VA), Yea
Webb (D-VA), Yea
Whitehouse (D-RI), Nay
Wicker (R-MS), Yea
Wyden (D-OR), Nay


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