The House of Representatives and Senate have left Washington for the Memorial Day recess and will not reconvene until the first week of June. This means that your senators and representatives will be home for a week, in your neighborhoods and probably in your stores. This is a great opportunity to speak with them about the impact of credit card fees on your business.
This week, 17 of the most politically active members of NACS came to Washington and met with more than 40 legislators delivering the consistent message that credit card fees hurt retailers, that Visa and MasterCard will not negotiate with retailers concerning interchange fees, and Congress must move quickly to enact H.R. 5546, the Credit Card Fair Fee Act.
The reception these convenience and petroleum retailers received from members of Congress was encouraging. Almost universally each senator and representative acknowledged the pain credit card fees inflict on this industry and expressed a desire to help. It is now incumbent upon every retailer in the nation, from our industry and every other industry that accepts credit cards, to contact their legislators and urge action.
This coming week, NACS encourages you to call your senators and representatives to schedule meetings and to attend town hall forums and listening posts—in short: make your voice heard. But you can do even more. Each retailer is a leader within their own business community—draft as many allies as you can to support our collective effort to turn the tables on the credit card companies. Victory on this issue will not only benefit convenience and petroleum retailers, it will benefit every merchant in every channel of trade.
If you do speak with your legislators, please let us know so that we may follow up with them here in Washington. Send me an email at jeichberger@nacsoline.com and let me know with whom you have spoken and what kind of response you received. This will help us focus our efforts on Capitol Hill to push this legislation over the goal line.
I encourage you again to send a letter to your legislators. This is a simple process that takes only a few moments and really makes a difference. Many of your industry colleagues have already done this, and their legislators have responded. Below is the most current list of official cosponsors of H.R. 5546 as of this morning. If your representative is already a cosponsor, give them a call and thank them for their support—they truly appreciate the feedback:
1. Rep. John Conyers (D-MI) 03/06/08
2. Rep. Chris Cannon (R-UT) 03/06/08
3. Rep. Zoe Lofgren (D-CA) 03/06/08
4. Rep. Bill Shuster (R-PA) 03/06/08
5. Rep. Anthony Weiner (D-NY) 03/06/08
6. Rep. Bill Delahunt (D-MA) 03/06/08
7. Rep. Todd Platts (R-PA) 03/06/08
8. Rep. Peter Welch (D-VT) 03/06/08
9. Rep. John Sullivan (R-OK) 03/06/08
10. Rep. Joe Wilson (R-SC) 03/06/08
11. Rep. Louie Gohmert (R-TX) 03/06/08
12. Rep. Ralph Hall (R-TX) 03/06/08
13. Rep. John Boozman (R-AR) 03/06/08
14. Rep. John Peterson (R-PA) 03/06/08
15. Rep. Chris Carney (D-PA) 03/12/08
16. Rep. Keith Ellison (D-MN) 04/02/08
17. Rep. Eddie Bernice Johnson (D-TX) 04/03/08
18. Rep. Betty McCollum (D-MN) 04/08/08
19. Rep. John Yarmuth (D-KY) 04/09/08
20. Rep. Heath Shuler (D-NC) 04/10/08
21. Rep. Ed Whitfield (R-KY) 04/10/08
22. Rep. Phil English (R-PA) 04/15/08
23. Rep. Zach Wamp (R-TN) 04/17/08
24. Rep. Pat Tiberi (R-OH) 04/22/08
25. Rep. Jon Porter (R-NV) 04/22/08
26. Rep. Russ Carnahan (D-MO) 04/22/08
27. Rep. Jim Marshall (D-GA) 04/22/08
28. Rep. Tom Allen (D-ME) 04/29/08
29. Rep. Sheila Jackson Lee (D-TX) 04/29/08
30. Rep. Steve Kagen (D-WI) 04/30/08
31. Rep. Charles Gonzalez (D-TX) 05/13/08
32. Rep. Jerry McNerney (D-CA) 05/13/08
33. Rep. Walter B. Jones (R-NC) 05/15/08
34. Rep. Brian Baird (D-WA) 05/19/08
35. Rep. Charlie Melancon (D-LA) 05/19/08
FACTA Passes
In related news, as already reported in NACS Daily, the Congress has passed with unanimous consent in the House and the Senate, the Credit and Debit Card Receipt Clarification Act. This legislation clarifies requirements concerning the printing of information on consumer credit card receipts.
As we have reported, the Fair and Accurate Credit Transactions Act (FACTA) stipulated that “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the card holder at the point of the sale or transaction.” Unfortunately, trial attorneys filed hundreds of lawsuits alleging willful noncompliance if a retailer did not comply with both provisions.
The Credit and Debit Card Receipt Clarification Act resolves the conflict by clarifying the either/or provisions of FACTA, thereby removing the threat of frivolous lawsuits. This is a significant victory for retailers and we appreciate all the support NACS members gave to our efforts to get this done quickly.
That is all from Washington. Have a great holiday!
John Eichberger
Vice President, Government Relations