ARTICLE
30 October 2023

Federal Reserve Board Proposes Adjusting Debit Interchange Caps In Accordance With The Durbin Amendment

CW
Cadwalader, Wickersham & Taft LLP
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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
Yesterday, the Federal Reserve Board announced proposed changes to Regulation II, which is the implementing regulation of the Durbin Amendment to the Dodd-Frank Act.
United States Consumer Protection
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Yesterday, the Federal Reserve Board announced proposed changes to Regulation II (Debit Card Interchange Fees and Routing), which is the implementing regulation of the Durbin Amendment to the Dodd-Frank Act.

The Federal Reserve last touched on Regulation II in 2012, basing the calculation of the interchange fee caps upon numbers from 2009 and 2010, and, in the memo accompanying the proposed rule, the Board observed that the "data show that the costs incurred by covered issuers in connection with debit card transactions have changed significantly over time", with "transaction-processing costs on which the Board based the base component [having] nearly halved, the issuer fraud losses on which the Board based the ad valorem component [having] fallen, and the fraud-prevention costs on which the Board based the fraud prevention adjustment [having] risen." The Federal Register notice that contains the proposed rule and further explains the Board's approach to updating Regulation II is available here. The Cabinet will discuss this proposed rule in more depth in next week's issue.

Comments are due to the Board 90 days following the official publication of the Federal Register notice, which should mean late January or early February 2024.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
30 October 2023

Federal Reserve Board Proposes Adjusting Debit Interchange Caps In Accordance With The Durbin Amendment

United States Consumer Protection
Contributor
Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
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