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The Green Sheet Online Edition

October 22, 2012 • Issue 12:10:02

Happy complicated first birthday, Durbin

Oct. 1, 2012, marked one year since implementation of the Durbin Amendment to the Dodd-Frank Act, and the debate over debit card interchange regulation is as contentious as ever. Depending on whom you ask, the Durbin Amendment has lowered merchants' debit card acceptance costs, resulting in savings being passed on to consumers, or it has done nothing of the sort. The Merchants Payments Coalition, which backed the legislation, said retail profit margins have declined since the amendment was implemented and concluded this indicates savings are being passed on to consumers. As an example, the MPC gave the Home Depot U.S.A. Inc., which said lower operating costs due to debit interchange reform led to price cuts on 3,000 items.

The MPC also cited gas stations, where station operators are taking advantage of lower processing costs for debit card transactions by offering customers discounts to get them to pay with debit cards.

"Debit swipe fee reform has been a win for consumers and Main Street businesses, especially small businesses," said Mallory Duncan, Senior Vice President and General Counsel for the National Retail Federation and Chairman of the MPC. He added that "where fees are lower, prices are lower."

Fees down, prices up?

But the Electronic Payments Coalition, which represents the financial services industry, said the $8 billion retailers have saved in processing costs over the last year have not been passed on to consumers in the form of lower prices; in fact, consumers are paying an average of 1.5 percent more for goods and services since the amendment's implementation.

The EPC conducted field research on the matter. To compare retailers' prices before the amendment's enactment to after, 36 shopping trips were undertaken to 18 stores nationwide, where the same items were bought pre- and post-Durbin. The research showed that, of the retailers visited, 67 percent either raised prices on those same items, or kept prices the same.

EPC spokeswoman Trish Wexler said, "With a wink and a nod, giant retailers promised to lower prices for their customers if Congress passed the Durbin Amendment. ... Let's just call a spade a spade - this was a political handout to big-box retailers, who are now scrambling to make excuses for why they couldn't pass these savings along to customers."

Battling bank rating sites

The MPC also cited new data from Moneyrates.com that shows debit interchange reform did not affect what banks charge for their services. The MPC quoted a representative of the National Grocers Association, who said fluctuations in checking account fees and other fees are "fundamentally the same" post-Durbin as they were pre-Durbin.

However, the EPC said a recent BankRate.com survey found that checking account costs for consumers rose dramatically post-Durbin, "with some bank fees rising 25 percent or more," due in part to regulations limiting overdraft and debit card interchange fees. end of article

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