News & Analysis as of September 25, 2024

Supreme Court of the United States › Debit and Credit Card Transactions

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

U.S. Supreme Court Holds Door Open to Challenge Federal Regulations

Jackson Lewis P.C. on 7/3/2024

The U.S. Supreme Court has held that a federal regulation can be challenged on its face long after the rule is issued by an agency. Corner Post, Inc. v. Bd. of Governors of the Federal Reserve System, No. 22-1008 (July 1,...more

New research suggests proposed Regulation II revisions lowering debit card interchange fees will cost consumers up to $2 billion...

Ballard Spahr LLP on 1/30/2024

In October 2023, the Federal Reserve Board issued a proposal to lower the maximum interchange fee that a large debit card issuer can receive for a debit card transaction. The due date for comments on this proposal, originally...more

SCOTUS to Determine When Clock Starts under APA’s Statute of Limitations

Ballard Spahr LLP on 10/3/2023

Last Friday, the U.S. Supreme Court agreed to decide when a right of action first accrues for an Administrative Procedure Act (APA) challenge to a final rule issued by a federal agency—when the final rule is issued or when...more

Supreme Court to Decide Commencement of APA Statute of Limitations Period in Debit Card Fee Challenge

Troutman Pepper on 10/3/2023

The U.S. Supreme Court has granted the petition for certiorari in Corner Post, Inc. v. Board of Governors of the Federal Reserve System (Board), a case where Corner Post challenges a 2011 Board rule that governs certain fees...more

2021 Year in Review: Consumer Finance

Goodwin on 2/23/2022

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Supreme Court Holds Credit Card Surcharge Law is a Speech-Based Regulation

Bond Schoeneck & King PLLC on 4/6/2017

For nearly four years we have been tracking the ongoing legal battle over a merchant’s right in New York to charge a surcharge to customers who use a credit card as a method of payment. This saga came to a head on March 29,...more

U.S. Supreme Court Sides with Merchants in Credit Card Surcharge Case, But the Fight Isn’t Over Yet

K&L Gates LLP on 4/5/2017

On March 29, 2017, the U.S. Supreme Court ruled that a New York statute restricting credit card surcharges regulated commercial speech. Yet, Expressions Hair Design v. Schneiderman (No. 15-1391) did not decide whether such...more

New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

Ballard Spahr LLP on 3/30/2017

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S....more

With Cert Denial, Fed’s Interchange Rules Will Stand

Manatt, Phelps & Phillips, LLP on 2/13/2015

Why it matters - With the U.S. Supreme Court’s denial of certiorari, the Board of Governors of the Federal Reserve Board’s interchange rules will stand. The justices declined to hear an appeal from retailers without...more

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