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Debit Cards

Herbert Smith Freehills Kramer

RBA releases conclusions of its Review of Merchant Card Payment Costs and Surcharging

Australia’s payment system has been the subject of a multi-pronged review with proposals for reform at various stages and across various aspects of Australia’s payments ecosystem. At the end of March 2026, the Reserve Bank of...more

Orrick, Herrington & Sutcliffe LLP

Kansas City Fed reports shifts in debit card fraud trends from 2021 to 2023

On February 25, the Kansas City Fed released updated debit card fraud statistics showing significant shifts in card-present and card-not-present trends for non-prepaid debit cards. Data from 2021 to 2023 revealed that...more

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

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

Sheppard, Mullin, Richter & Hampton LLP

Kentucky Federal Court Upholds Federal Reserve’s Debit-Card Fee Cap

On September 12, the U.S. District Court for the Eastern District of Kentucky upheld the Federal Reserve Board’s Regulation II cap on debit-card interchange fees, rejecting a merchant’s Administrative Procedure Act challenge....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

Orrick, Herrington & Sutcliffe LLP

Court orders bank to produce third-party records in prepaid debit card fees suit

On August 21, a federal magistrate judge in the District Court for the Western District of Washington ordered a bank to produce certain records related to its prepaid debit card program, including documents maintained by...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

Freeman Law

Surcharges on Credit Card and Debit Card Purchases in Texas

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This Freeman Law Insights blog discusses Chapter 604A of the Texas Business and Commerce Code (“Chapter 604A”) which, as written, prohibits merchants from imposing a surcharge on a buyer who uses a debit card or a credit card...more

Goodwin

Texas Federal Judge Refuses to Pause CFPB Case Against Bank

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In March 2025, a Northern District of Texas judge denied the Consumer Financial Protection Bureau’s (CFPB) motion to stay its case against Comerica Bank for alleged mismanagement of a government benefit card program in...more

Hudson Cook, LLP

CFPB Bites of the Month - November 2024 - CFPB Take Me Home, Country Roads

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In this month's article, we share some of our top "bites" for the prior and current month covered during the November 2024 webinar....more

A&O Shearman

When does payment card data qualify as personal data? English Court gives new guidance on this question

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The Upper Tribunal (UT) has overturned a decision by the First-tier Tribunal (FTT), relating to a Monetary Penalty Notice (MPN) that was issued by the Information Commissioner (ICO). All of this stemmed from a cyber-attack...more

Kaufman & Canoles

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

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Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion...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

The Volkov Law Group

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

The Volkov Law Group on

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

Arnall Golden Gregory LLP

Illinois Interchange Fee Prohibition Act: The Bill and the Backlash

On May 29, 2024, Illinois rocked the payments world by passing the Interchange Fee Prohibition Act (“IFPA”) into law. With an effective date of July 1, 2025, the law would upend the way in which interchange is calculated in...more

Ballard Spahr LLP

Bank and Credit Union Industry Groups Challenge Illinois Interchange Fee Prohibition Act as Unlawful and Urge the Court to Stop...

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On August 15, 2024, the Illinois Bankers Association, American Bankers Association, America’s Credit Unions, and Illinois Credit Union League filed a complaint for declaratory and injunctive relief against the Illinois...more

Amundsen Davis LLC

Interchange Fee Prohibition Act

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The Interchange Fee Prohibition Act (IFPA), signed into law in June of 2024 by Illinois Governor J.B. Pritzker, prohibits banks, savings associations, credit union, and others from receiving or charging an interchange fee on...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees

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In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. ...more

Goodwin

SCOTUS Ruling Makes Federal Agency Rules Susceptible to Previously Untimely Challenges

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​​​​​​​At the close of an extended term, on July 1, 2024, the U.S. Supreme Court expanded the time period for bringing a facial challenge to a federal agency rule....more

Ballard Spahr LLP

Supreme Court Opens Door to More APA Challenges by Ruling that Right of Action Accrues When Regulation First Causes Injury

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On July 1, 2024, the Supreme Court issued its opinion in Corner Post, Inc. v Board of Governors of the Federal Reserve System in which the Court determined when a Section 702 claim under the Administrative Procedure Act (APA)...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court delays 6-year deadline to challenge federal regulations

On July 1, the U.S. Supreme Court entered an opinion delaying a 6-year statute of limitations to legally challenge federal regulations until a plaintiff is injured. In Corner Post Inc., vs. Board of Governors of the Federal...more

Venable LLP

Supreme Court Broadens Statute of Limitations for Challenges to Federal Regulations

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In the last of a series of watershed opinions this term that curtail federal agency power, the Supreme Court in Corner Post, Inc. v. Board of Governors of the Federal Reserve System has ruled (6-3) that the statute of...more

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