No Near-Term Relief for Retailers on Debit Fees

Unfortunately, last week's reversal of the debit rule by a federal judge is not going to bring relief to retailers any time soon.
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Unfortunately, last week's reversal of the debit rule by a federal judge is not going to bring relief to retailers any time soon.

As reported, a U.S. District Court judge sided with retailers and reversed the debit fee rule issued by the Federal Reserve following passage of the Durbin Amendment.  The Fed disappointed many retailers when it issued the rule capping debit fees at 21 cents.  Retail groups had expected the cap to be in the range of 12 cents.

To quote Judge Richard Leon, the Federal Reserve ran "completely afoul of the text, design and purpose" of Congress.

Unfortunately, the process of undoing the Fed's rule is not going to happen quickly.

First, the Federal Reserve has the option to appeal the U.S. District Court ruling, which would tie the issue up for at least a year in the courts.

Assuming the Fed does not appeal the ruling, the judge has asked for a status conference, scheduled for August 14.  Hopefully many questions about the timing of issuance of a new rule, or at least an interim rule, will get cleared up at that time.

The judge did say that he expects corrections of the rule to take "months, not years."

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