Credit card companies and their issuing banks engage in anticompetitive activities by collectively setting the outrageous rates they charge retailers for processing transactions. With more than two-thirds of consumers using plastic, most retailers have no choice but to accept credit and debit cards and must sign a contract that includes anti-competitive terms to reinforce the market dominance of the major credit card brands.
In 2010, debit swipe fee reform, also known as the Durbin Amendment, was signed into law. Debit reform limits price-fixing of debit swipe fees by Visa and MasterCard and injects competition into the debit payments market, which historically had been devoid of it.
In 2016, legislation was introduced by Rep. Jeb Hensarling (R-TX) to repeal debit reform. While this legislation was never considered by the full House of Representatives, it is anticipated that similar efforts will be made this Congress
Reserve to ensure debit interchange fees are “reasonable and proportional” to the costs incurred.
Swipe fees are the second highest operating cost for convenience store retailers. Over the last decade, convenience store retailers have paid more in swipe fees than their pre-tax profit every year but one. Prior to reform, the debit payments market was a nonfunctioning marketplace. Visa and MasterCard would centrally fix the fees their banks charge merchants, and the banks would all agree to the same schedules of fees. Visa and MasterCard also signed exclusivity agreements with the largest banks to block smaller networks like Star, Pulse and others from debit cards. This ensured that the Visa and MasterCard networks often were the only networks a retailer could use to route a transaction.
Debit reform gives banks an incentive to compete on debit swipe fee prices. If they compete, they can charge any amount they want. If they don’t, then the Federal Reserve limits the amount of swipe fees that the largest banks (those with $10 billion or more in assets – about 1.6% of all banks) can charge. Reform also prohibits the agreements that block all competitor networks from debit cards. This means there are at least two networks available and merchants get to choose which one they want to use. That way, networks need to compete and merchants have the ability to choose the cheapest and most efficient network for them.
The abuses of market power by Visa and MasterCard are detrimental to retailers and consumers alike. NACS, along with a coalition of organizations, is leading the effort to preserve debit swipe fee reform and pursue additional reforms.
NACS urges Congress to protect debit swipe fee reform. Since its implementation, debit reform has resulted in consumer savings of nearly $6 billion per year and supported more than 37,000 jobs per year.
Debit swipe fee reform has provided needed relief to the convenience store industry and our customers have seen the savings. Repealing it would have detrimental effects on the American economy. Repeal would take savings away from the American consumer and Main Street businesses, and increase the profit of the largest Wall Street banks.
In addition to advocating for congressional and regulatory intervention, NACS was a named plaintiff in a class action lawsuit against the credit card companies and their issuing banks on grounds of antitrust violations. NACS successfully advocated for the courts to reject the inadequate settlement that was reached in that case and NACS continues to pursue reform through litigation.
Beginning January 27, 2013, retailers can add fees to try to recover the outrageous swipe fees they pay for credit card transactions. However, there are very difficult hurdles to overcome related to actual implementation and consumer misperceptions, making it unlikely that many retailers will be surcharging any time soon. Read more >