Court threat to Dodd-Frank on interchange caps
October 13, 2010
TCF Calls for Reinforcements in Long-Shot Battle vs. Dodd-Frank - American Banker Article | www.americanbanker.com
The article spells out why TCF Financial's suit against the FRB over debit interchange fee regulations is a "long shot." TCF says the Durbin amendment to the Dodd-Frank bank reform legislation unconstitutionally forces the FRB to lower the fees under cost and discriminatorily, because they will not cover all bankcard issuers. The former would constitute a taking of TCF's property without due process or just constitution in violation of the 5th amendment and the latter the equal protection clause. The article says there are many laws that have drawn distinctions like Durbin that have been upheld in court.
Constitutional challenge to Durbin debit card regulation
October 12, 2010
Federal Reserve Sued by Minnesota Bank on Debit Caps | www.bloomberg.com
TFC Financial, a MN bank, has sued to stop the FRB from issuing debit card interchange pricing regulations pursuant to the new bank reform legislation -- the so-called Durbin amendment. TCF claims Durbin is unconstitutional.
American Express not a pushover for DoJ
October 6, 2010
American Express Sinks Again on U.S. Antitrust Case | www.bloomberg.com
American Express has decided to fight the DoJ's effort to force it to allow merchants to steer its cardholders into paying with less expensive payment vehicles. The impression by this and other media reports is that Amex is vulnerable to a defeat and thus sizeable revenue losses, as well as exposure to market share reductions by its competitors.
Another win for merchants against card networks
October 5, 2010
U.S. Proposes Settlement With MasterCard and Visa - NYTimes.com | www.nytimes.com
As announced in the NYT, the Justice Dept. has forced Visa & MasterCard to allow merchants to steer cardholders to the cheapest alternative over interchange expensive cards: lower rated debit cards, lower rated credit card types (e.g., those without reward features), prepaid cards, cash discounts, etc. Because American Express would not similarly settle, the DoJ sued it to achieve the same result, perhaps more.
Ominous study by Boston FRB on credit card interchange pricing
July 29, 2010
FRBB Public Policy Discussion Papers | Who Gains and Who Loses from Credit Card Payments? Theory and Calibrations | www.bos.frb.org
The study by the Federal Reserve Bank of Boston is a threat to the bankcard industry. Although it focuses only on credit card interchange, which it criticizes quite strongly, it could influence how the FRB in D.C. will regulate debit interchange per the Durbin amendment in the new bank reform law. To my knowledge, it is the first time the fed has ever condemned interchange pricing. The study says credit interchange results in a significant monetary transfer from cash customers to cardholders.
UK Consumers Feel They Are Treated Fairly By Credit Card Companies
July 22, 2010
Credit card companies in the UK treat their customers fairly, according to research recently conducted by Auriemma Consulting Group (ACG), a consultancy specialising in the lending and payments industry. The study’s findings show that consumers felt that they were being treated fairly prior to the introduction of the regulations and consumer rights governing the payments industries, and that the new rules and guidelines were only successful in reinforcing an existing sentiment..
UK Consumers More Welcoming of Credit Card Fees Than In The past
July 19, 2010
Given the recent regulatory and economic changes that have hit the credit card industry in the last 2 years, non interest income is becoming the holy grail for many card issuers. One of the key barriers to driving up fee income has been the perceived reaction from consumers. Recently published research from the Auriemma Consulting Group suggests that there is room for more aggressive strategies.
Smoot Hawley Redux: The new Consumer Financial Protection Agency
June 28, 2010
Lenders prepare for wide changes under Consumer Financial Protection Agency | www.ft.com
The key quote in the article, from a bank trade association executive, says the CFPA is "the single most damaging provision in the legislation" to reform the retail banking system. In fact, the new agency's powers are as extensive as any given to any agency in US history. They literally give the CFPA a life and death power over every product and process in the retail banking system. The only questions that remain are who will head it, how broadly will it be enforced and what will it cost?
By how much will bank reform reduce debit interchange fees?
June 28, 2010
Interchange Measures May Cost Banks More than $5B - American Banker Article | www.americanbanker.com
The Banker estimates that the FRB could interpret the reform law to justify debit interchange fee reductions in the 50% range (or more) from current levels or about $5B per year. Is the Banker's guess on target? Will the FRB squeeze a key revenue scheme that could hurt dampen spending and consequently harm card issuers and cardholders?
Bankcard pollution spreads across retail system
June 17, 2010
End Is Seen to Free Checking | online.wsj.com
The article covers the natural consequences of the bankcard meltdown that produced last year's draconian CARD Act and this year's threat to debit interchange fees. Essentially, both require that fees for a late payment and merchant debit interchange be reasonable and proportionate to the card issuer's fixed operational costs. By reducing revenues, they force issuers to reduce other costs and find new fees. Hence the article's emphasis on new deposit account fees and forced account closings.
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