News & Analysis as of

Debit and Credit Card Transactions

Orrick, Herrington & Sutcliffe LLP

Fed issues biennial report on debit card transactions in 2023

Recently, the Fed released its eighth biennial report on debit card transactions, providing an in-depth look at industry trends for 2023, pursuant to Section 920 of the EFTA. The report stated that payment card networks...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit receives amicus brief from banking trade associations on Regulation II

On January 9, several banking trade associations filed an amicus brief in the U.S. Court of Appeals for the 8th Circuit addressing an appeal concerning Regulation II (pronounced “eye-eye”), which the Fed promulgated in 2011...more

Orrick, Herrington & Sutcliffe LLP

Trends and Takeaways from the 2025 Credit CARD Act Report

On December 30, 2025, the CFPB published its seventh biennial Credit CARD Act report. As required by the CARD Act, the report discusses the state of the credit card market through 2024, with a particular focus on credit card...more

Clark Hill PLC

Can an Employer Deduct Credit Card Costs from Employee Tips?

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These days, a lot of restaurant customers pay for food and drinks with a credit card, and they often leave a tip by credit card, rather than leaving cash. Credit card companies usually charge restaurant owners transaction...more

Orrick, Herrington & Sutcliffe LLP

Sixth Circuit to receive Regulation II interchange fee case after plaintiff’s appeal

On November 10, the plaintiff filed a notice of appeal to the U.S. Court of Appeals for the 6th Circuit, seeking review of a district court decision denying the plaintiff’s, and granting the Fed’s, motion for summary...more

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit to receive Regulation II interchange fee case after Fed appeal

On October 6, the Fed filed a notice of appeal in the U.S. District Court for the District of North Dakota in connection with the court’s ruling that struck down Regulation II’s standard for setting debit card interchange...more

Orrick, Herrington & Sutcliffe LLP

District court denies motion to compel arbitration in merchant swipe fee class action over anti-steering policy

On September 19, the U.S. District Court for the District of Massachusetts denied a motion to compel arbitration in a putative class action brought by small merchants challenging anti-steering rules and swipe fees imposed by...more

Orrick, Herrington & Sutcliffe LLP

District court rules in favor of the Fed in another Regulation II case

On September 15, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the Fed, upholding the Board’s regulation which caps debit card interchange fees. The regulation in question —...more

Ballard Spahr LLP

ND District Court Invalidates Longstanding Debit Card Interchange Rule

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On August 6, 2025, in Corner Post, Inc. v Board of Governors of the Federal Reserve System, the U.S. District Court for the District of North Dakota (the “Court”) granted Corner Post’s motion for summary judgment, finding...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – June 2025 # 4

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Ballard Spahr LLP

Federal Judge voids CFPB credit card late fee rule

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At the request of both sides of the lawsuit, a federal judge has voided the CFPB’s credit card late fee rule....more

Ballard Spahr LLP

Financial Services Committee Republicans call on CFPB to withdraw rules, guidance

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Republicans on the House Financial Services Financial Institutions Subcommittee have sent Acting CFPB Director Russell Vought a letter calling for the CFPB to withdraw a wide variety of final and proposed rules....more

Ballard Spahr LLP

Republicans ask federal banking agencies to withdraw rules, guidance

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Republicans on the House Financial Services Committee have sent letters to financial regulators asking them to rescind a variety of measures the regulators issued during the Biden Administration....more

Ballard Spahr LLP

Senators Sanders, Hawley introduce legislation to cap credit card interest rates at 10%

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Sens. Bernie Sanders, I-Vt. and Josh Hawley, R-Mo. have introduced bipartisan legislation that could cap credit card interest rates at 10%....more

Buckingham, Doolittle & Burroughs, LLC

Ohio Sales / Use Tax: Financial authorization services found to be nontaxable, although appeal remanded for further consideration...

The Ohio Board of Tax Appeals held that certain financial authorization services, Debit Authorization as described below, are not taxable automatic data processing processing (“ADP) or electronic information services (“EIS”)....more

Ballard Spahr LLP

Industry groups file motion to intervene in Corner Post debit card interchange case

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On October 16, 2024, the Bank Policy Institute and the Clearing House Association filed a motion to intervene in Corner Post, Inc. v Board of Governors of the Federal Reserve System. On July 1, 2024, the Supreme Court sided...more

Troutman Pepper Locke

The OCC and Illinois Attorney General File Opposing Briefs on Interchange Fee Prohibition Act

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On October 2, the Office of the Comptroller of the Currency (OCC) filed an amicus brief in the U.S. District Court for the Northern District of Illinois in support of several banking associations’ motion for a preliminary...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Corner Post – Opening Up Administrative Procedures Act, Challenges To The Sentencing Guidelines

In our recent post, “As Chevron Goes, So Goes the Sentencing Guidelines”, we discussed the possible ramifications the U.S. Supreme Court decision in Loper Bright might have on the Sentencing Guidelines going forward. Namely,...more

The Volkov Law Group

DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market

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The Justice Department’s Antitrust Division has been aggressively pursuing civil enforcement actions.  While criminal enforcement of antitrust laws has been depressed, DOJ has found success in pursuing civil and merger...more

MG+M The Law Firm

Class Actions Involving ATM Fees: Settlement Information and Deadlines

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In October 2011, three related (or parallel) class action lawsuits were filed. These cases named Visa and Mastercard (and others) as defendants but are unrelated to the Interchange Fee case with the $5.5 billion settlement...more

Orrick, Herrington & Sutcliffe LLP

FTC orders billing companies to shut down and issues $40M payout for fraud

On September 17, the FTC announced that the U.S. District Court for the Middle District of Florida approved the Commission’s order, effectively shutting down several companies named in the FTC’s June complaint and required...more

Cozen O'Connor

The State AG Report – 09.19.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Urge EPA to Block CA’s Clean Fleets...more

Cozen O'Connor

CFPB Warns Banks Against Use of Phantom Opt-In Agreements

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The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom...more

Orrick, Herrington & Sutcliffe LLP

CFPB report targets cash-back fees at retailers

On August 26, the CFPB published a report regarding cash-back fees that some retailers charge for consumers to access cash via the consumers’ debit or prepaid cards. According to the CFPB, such fees have become more prevalent...more

Orrick, Herrington & Sutcliffe LLP

Bank associations sue Illinois to prevent interchange fee act from effecting

On August 15, several banking and credit union associations sued the Illinois Attorney General to prevent the state from implementing the Illinois Interchange Fee Prohibition Act (the “Act”). As covered by InfoBytes, the...more

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