
The Durbin Amendment has significantly impacted the way credit card payments are processed in the US. This law restricts the fees that banks can charge merchants for processing debit card transactions.
The amendment limits these fees to a maximum of 0.05% of the transaction amount, plus a flat fee of $0.025 per transaction. This change has led to increased competition among banks and savings associations to offer lower fees to merchants.
As a result of the Durbin Amendment, many merchants have seen a decrease in their interchange fees, which are the fees paid by merchants to banks for processing credit card transactions. These fees can add up quickly, so any reduction can be beneficial to businesses.
The law has also led to the creation of new payment processing options, such as mobile wallets and online payment platforms, which offer merchants more flexibility and lower fees.
Recommended read: New Law about Credit Cards
Impact on Commerce and Banking
The Durbin Amendment has had a significant impact on commerce and banking. Larger retailers have not passed on the intended savings to consumers and instead raised rates in other ways.
Some banks have introduced new fees, including high fees on deposit accounts, increased penalties for insufficient funds, and monthly maintenance charges for accounts that don't maintain a higher minimum balance than was previously required.
Smaller retailers have lost some of the pricing advantages they previously enjoyed compared with their larger rivals. This is because the Durbin Amendment limits the flexibility on interchange fees, which previously allowed some retailers to enjoy discounts on certain lower-cost items.
Banks claim that the cap on fees limits their ability to reinvest in themselves, such as offering free checking accounts or debit card reward programs. Some banks have eliminated debit card reward programs as a result.
Comparable fees on credit card purchases were not affected by the Durbin Amendment. This has led to increased rewards from some banks for credit card usage, as credit card purchases offer a better opportunity for the institution to make money.
Efforts have been made to introduce similar changes for all swipe fees, regardless of the type of card used in the transaction. There have also been attempts to repeal the amendment, backed by smaller retailers and some community banks and credit unions.
A unique perspective: Credit Cards for Fair Credit with High Limits
Arguments for and Against the Amendment
The Durbin Amendment has been a topic of debate, with various groups weighing in on its effectiveness.
Financial institutions oppose the amendment, citing a 35% reduction in debit interchange revenue at community banks and credit unions. They argue that this revenue is vital for ensuring the security and quality of the payment system.
Proponents of the amendment, on the other hand, argue that it addresses a perceived duopoly of certain card schemes. They believe that without the amendment, interchange fees would continue to rise, leading to worsening costs for merchants and consumers.
A proposed amendment to Regulation II would see the maximum interchange fee paid to an issuer per debit card transaction fall. The base component would decrease from 21.0 to 14.4 cents, and the ad valorem portion would decrease from five basis points to four basis points.
Critics of the amendment argue that it was flawed from the start, as the negative ramifications of swipe fee regulation were both foreseeable and wholly unnecessary.
Worth a look: Credit Card Currency Conversion Fee
Financial Institutions Oppose Legislation
Financial institutions strongly oppose the Durbin Amendment, citing a significant 35% reduction in debit interchange revenue at community banks and credit unions.
This reduction in revenue has a direct impact on the security and quality of the payment system, as well as customer access to low-cost financial services.
Fans Support Fee Limits
Many medium to large retailers and industry groups support the amendment to Regulation II, which would see a decrease in debit card swipe fees. They argue that without this amendment, interchange fees would continue to rise, leading to worsening costs for merchants and consumers.
This perceived duopoly of certain card schemes is also a concern for these supporters, who believe the amendment addresses this issue. The amendment aims to update the interchange fee cap every other year based on cost data from large issuers.
Some supporters, including certain US senators, believe that the amendment is necessary to prevent interchange fees from rising. They argue that this would lead to better costs for merchants and consumers in the long run.
Understanding the Amendment
The Durbin Amendment was proposed on the belief that interchange fees were not reasonable and proportional to card issuers' costs.
It capped interchange fees at 21 cents per transaction plus 0.05% of the transaction amount, which was a significant change for banks.
Some banks responded by implementing new fees and eliminating free services to offset their revenue losses. This change affected consumers who had previously enjoyed free services without incurring additional charges.
Suggestion: Canadian Credit Card No Foreign Transaction Fees
Law Origins
The Durbin Amendment was a product of lobbying and political compromise. Both banks and merchants had a hand in its creation, with consumers caught in the middle.
Banks were politically vulnerable at the time, and merchants took advantage of this weakness with effective lobbying. The big box retailers, including K-Mart, Wall-Mart, Target, and Best Buy, were particularly influential.
The banks didn't do a good job of making their case to decision-makers, allowing retailers to sway the outcome. This was a missed opportunity for the banks to educate politicians about the flaws in the plan.
Additional reading: Truth in Lending Regulation Z
Every congressman has businesses in their district, and the big box retailers lobbied hard for the Durbin Amendment. This lobbying effort paid off, resulting in significant savings for large merchants in interchange fees annually.
A lot of politicians, especially Republicans, are now experiencing buyer's remorse after realizing what they voted for.
When Did the Amendment Take Effect?
The Durbin Amendment took effect in October 2011.
It was a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act, proposed by Senator Richard J. Durbin in 2010.
The amendment was part of a broader effort to regulate the financial industry and protect consumers.
It went into effect exactly one year after being proposed, which is a relatively quick turnaround for a piece of legislation.
Understanding
The Durbin Amendment was proposed because interchange fees were deemed unreasonable and not proportional to card issuers' costs. This led to a cap on interchange fees at 21 cents per transaction plus 0.05% of the transaction amount.
Expand your knowledge: Electronic Transaction for Payment Explanation

Some banks responded to these changes by implementing new fees and eliminating free services to offset their revenue losses. This shows just how much of an impact the amendment had on the banking industry.
The amendment also allows covered banks to receive an adjustment for fraud prevention costs in the amount of one cent. This small adjustment can add up and help banks cover their expenses.
Regulatory Changes
The Durbin Amendment is unlikely to be repealed, as merchants have too much influence in the matter.
Politicians are hesitant to expand the law's scope, which means swipe fee regulation won't be applied to credit cards and other unregulated financial products.
This has led to the "de facto destruction of debit cards in America", according to Zywicki, which is a significant loss, given that debit cards have been the most popular financial innovation of the past century.
Frequently Asked Questions
What is the new credit card law in 2024?
New credit card law in 2024: The Federal Reserve System prohibits large credit card issuers from limiting the number of networks for electronic transactions, promoting network access and competition
What is the Durbin Amendment surcharge?
The Durbin Amendment surcharge is a maximum fee of $0.21 plus 0.05% of the transaction amount, plus an additional $0.01 for fraud detection, imposed on debit card transactions. This fee was set by the Federal Reserve in 2011.
Sources
- https://www.checkout.com/blog/revisiting-the-durbin-amendment
- https://www.investopedia.com/terms/d/durbin-amendment.asp
- https://www.finopotamus.com/post/how-durbin-2-0-could-adversely-impact-credit-unions
- https://globalprocessingsystems.com/durbin-amendment-explained-and-what-it-means-to-you/
- https://wallethub.com/edu/ca/the-durbin-amendment-in-review/25675
Featured Images: pexels.com