ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Legal

ABA, associations: Appeals court should uphold Fed’s Reg II interchange fee standard

June 9, 2026
Reading Time: 2 mins read
District court vacates Labor Department position on rollover advice

A federal appeals court should uphold a district court ruling and reject a retailer lawsuit seeking to overturn how the Federal Reserve calculates debit card interchange fees, as a decision in favor of retailers would result in substantial losses for card issuers with no real benefits for consumers, the American Bankers Association and six associations said this week.

The Durbin Amendment to the Dodd-Frank Act requires the Fed to set reasonable and proportional interchange fees for debit card transactions. In 2022, Linney’s Pizza in Frankfort, Kentucky, sued the Fed in U.S. District Court for Eastern Kentucky over the regulation to implement the law – Regulation II – alleging that the central bank exceeded its statutory authority because it included “improper costs” in its calculation, resulting in too high a fee cap.

The district court — like the D.C. Circuit in 2014 — ruled in favor of the Fed, but the plaintiff has asked the Sixth Circuit Court of Appeals to overturn the decision.

In a court filing, ABA and six groups representing banks and credit unions said that Linney’s Pizza and the merchant trade associations supporting the lawsuit seek to upend settled understanding, as the D.C. Circuit Court of Appeals considered a similar case in 2014 and rejected the same arguments. They also said a ruling in favor of Linney’s Pizza would produce “absurd results” as issuers would be required to facilitate debit transitions at a substantial loss. The associations’ amicus brief was one of approximately a dozen amicus briefs filed in the Linney’s Pizza case, with 10 briefs filed in support of the Fed by a diverse set of organizations.

“Slashing the interchange fee cap would impede issuers’ continued ability to facilitate safe and efficient transactions, hurting consumers,” they said. “And doing so would grant merchants a windfall, as they have demonstrated that they will not pass on any savings to consumers.”

The associations asked the appeals court to affirm the lower court decision.

“Imposing a brand-new interpretation now would be extraordinarily harmful and needlessly disruptive to the diverse set of stakeholders in the debit card market — including consumers and merchants — that have relied on Regulation II and long-settled law upholding it,” they said.

Linney’s Pizza is one of two lawsuits by merchants seeking to rewrite Regulation II. Last year, U.S. District Court Judge Daniel Traynor in North Dakota reached a different conclusion in a lawsuit brought by a group of state retailer trade associations and truck stop Corner Post. The judge also criticized the Durbin Amendment as confusing and not particularly well written. That decision has been appealed to the Eighth Circuit Court of Appeals.

Tags: ABA newsDebit cardsDodd-FrankFederal ReserveInterchange
ShareTweetPin

Related Posts

Carr staffer nominated for FCC commissioner

Carr staffer nominated for FCC commissioner

Compliance and Risk
August 8, 2026

President Trump nominated Danielle Thumann, senior counsel to Federal Communications Commission Chairman Brendan Carr, to serve as commissioner on the FCC. If confirmed by the Senate, Thumann would fill one of two vacant seats on the commission.

Senate Democrats seek proposals for regulatory changes following recent bank closures

Senate adjourns with no vote on Clarity Act

Newsbytes
August 8, 2026

The Senate adjourned without holding a final vote on the Clarity Act, punting further action on the bill until at least September.

ABA urges FinCEN to reevaluate BOI collection burden on banks

FinCEN renews Minnesota geographic targeting order

Compliance and Risk
August 7, 2026

FinCEN renewed a geographic targeting order requiring certain banks and money transmitters located in Hennepin and Ramsey counties, which include Minneapolis and St. Paul, to report additional information for transactions of $3,000 or more to recipients outside the...

Consumer credit increased in March

Fed: Consumer credit increased 2.6% in Q2

Economy
August 7, 2026

Consumer credit increased at a seasonally adjusted annual rate of 2.6% in the second quarter, with revolving and nonrevolving credit increasing 3.9% and 2.1%.

New York Fed: Consumer inflation expectations mostly hold steady

New York Fed: Inflation expectations improved in July

Economy
August 7, 2026

Consumer inflation expectations in July decreased slightly at the short-term horizon and remained unchanged at the medium- and longer-term horizons, the Federal Reserve Bank of New York said in its most recent Survey of Consumer Expectations.

Trump removes Harper, Otsuka from NCUA board

Senate confirms Crews to NCUA board

Newsbytes
August 7, 2026

The Senate confirmed John Crews as a member of the National Credit Union Administration board as part of a block of nominations up for consideration. In his new position, Crews will likely lead the agency.

NEWSBYTES

Carr staffer nominated for FCC commissioner

August 8, 2026

Senate adjourns with no vote on Clarity Act

August 8, 2026

FinCEN renews Minnesota geographic targeting order

August 7, 2026

SPONSORED CONTENT

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

August 1, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026

PODCASTS

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

Podcast: Why it might be time to revisit a key FDIC ratio

July 23, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.