Tag Archives: durbin

Payment Processing News Roundup [2023 Update]

Durbin Reactions

The first story we bring you is from the Los Angeles Times and it’s about the fallout from the Durbin Amendment. The article, found here, states that by the end of last year 610,000 U.S. bank customers switched to a switched to a smaller institution to protest plans by major banks to impose monthly charges for using debit cards. The article says the data was reported by Javelin Strategy & Research in a report and that the 610,000 figure represented 11% of the overall 5.6 million people who switched banks in that time period. The article also noted that: “In addition to the 11% who joined the Bank Transfer Day movement in October, November and December, an additional 26% told Javelin that they switched not as part of the protest movement per se but because the banks charged too many fees.”

Host Merchant Services Predictions Confirmed

The next news item we’re reporting is from The Denver Post. In this article the Post reports pretty much exactly what Host Merchant Services predicted would happen in its Durbin Amendment Analysis article.

The Denver Post writes: “Instead of one new fee, prepare to be sold more products, offered new services, lose rewards and face more fees in general.”

In the HMS Article from 2011, we wrote: “Merchants will end up having to shoulder the burden of the extreme cuts in revenue that this cap brings. Those who predict that merchants will end up worse off by the amendment suggest that the banks, not wanting to take a $9 to $10 billion dollar loss in revenues for the year, will simply add fees to other payment options or get rid of premiums and extras that they had been offering merchants prior to the cap being put in place.”

So essentially the Denver Post reports that the banking industry is reacting as expected to the Durbin Amendment. We even did an entire blog making the statement that the banking industry was going to go in stealth mode like a ninja.

The Denver Post article also gives a recounting of the tale of the Durbin Amendment as it took center stage in the media spotlight. This entire tale was chronicled as it happened by The Official Merchant Services Blog both in its Countdown to Durbin Series, as well as its ongoing Durbin Coverage after the October 1, 2011 date that saw the bill’s provisions begin. The Denver Post recap is succinct and states: “Several other banks already had either imposed debit card fees or were testing them, and analysts had predicted the trend would spread to the entire industry. But BofA’s plan, which leaked out at the end of September, produced an enormous surge of criticism. Protesters from the Occupy movement, consumer advocates and even President Obama questioned the move, and an online movement called Bank Transfer Day emerged to encourage people to switch to small banks and credit unions. Bank of America ultimately called off its plans without imposing the $5 charge, and the rest of the industry followed suit in allowing fee-free use of debit cards.“

Durbin Going Bye Bye?

The final piece of Durbin-related news comes to us from payment processing review site cardpaymentoptions.com. In this article, they give an extensive roundup of their predictions for 2012 — and one piece is sub-titled “Durbin May Get the Boot.” The article states the Durbin Amendment was originally designed to help merchants deal with high swipe debit card transaction fees, but now that it’s been in effect merchants are feeling the legislation has harmed them. The article specifically cites merchants getting hit with much higher for small ticket transactions — a noted loophole in the law that many media sources criticized while the amendment was still being discussed by Congress.

The article then makes this bold prediction: “Several retail organizations have brought suit against the Federal Reserve in order to repeal/modify the amendment and even the main author, Dick Durbin, has admitted the new law is flawed. With such disastrous results, merchants should expect to see the Durbin Amendment either repealed or greatly modified this year.”

The Official Merchant Services Blog has reported on a few of these suits as they’ve come up. And the backlash against Durbin has been significant. But with the election about to be in full swing it seems, to us at least, that the Durbin Amendment may continue to kick around for 2012. In fact, we’ve also reported that there is growing interest in a similar cap on credit card processing fees, swinging things even further in a direction that will burden consumers and incur ire with the banking industry. It just seems like it will be a lot more difficult to get rid of Durbin after it’s started and that the path of least resistance for Congress on this issue will be to continue to add to the law with more tweaks and changes, making it even murkier and over-legislated. That’s more the federal government’s style.

What do you think? Will 2012 see the end of the Durbin Amendment and the great experiment that was finance reform for payment processing fees? Or will the federal government just try to keep working with the law they have in place trying to smooth it out?

Durbin Amendment Back In the News [2023 Update]

Bank of America Took a Beating

We’ll start off our tour Durbin tidbits with this article by ABC News. Apparently Bank of America took a substantial hit from their plan to charge $5 per month to use debit cards. According to the article: “Bank of America’s failed plan to impose a $5 monthly debit card fee led to a 20 percent increase in closed accounts in the last three months of 2011 and a public relations headache.”

The article quotes Bank of America CEO Brian Moynihan as saying, “yes, we had some impact from the $5 debit fee. That’s why we made a decision to reverse it.”

It wasn’t all bad news for Bank of America though, as the bank reported earnings of $2 billion in the last three months of 2011, up from a net loss of $1.2 billion in the same period a year ago, boosted in part from a one-time gain on the sale of China Construction Bank.

Small Lenders Strike it Big

The next little bit of Durbin aftermath comes from this article by NACS online. As was seen in the Host Merchant Services in-depth analysis of the legislation, The Durbin Amendment only applies to lending institutions with assets over $10 billion. Smaller banks and credit unions are exempt from the Durbin Amendment. As a result of being exempt, a Wall Street Journal report cited by the NACS article states that these institutions have been “collecting fees that are often three times those imposed on cards by large banks.”

For comparison, the article says: “The WSJ notes that a $100 sweater purchased with a debit card would incur a fee of 95 cents on a card issued by a smaller bank and only 26 cents for those issued by big banks. “

The article also suggests that banks face further uncertainty by April 1, 2012, when “all U.S. banks and credit unions must offer retailers more choices of companies used to process debit card transactions, a move that is expected to lower interchange fees further.”

New Target: Credit Card Swipe Fees

Time Magazine Online Feature Moneyland reports something that Host Merchant Services has already touched on before in The Official Merchant Services Blog — that Credit Card Swipe Fees may be the next target of legislators and financial reform. From the Time article: “There’s another interchange fee fight in the offing — this time over credit cards. According to CNBC, equity analysts who cover the financial sector have expressed worry that ongoing litigation involving several major banks could lead to a cap of 0.5% on credit interchange fees — one-fourth of what’s currently charged — potentially dragging down bank earnings. If that happens, consumers who are used to generous credit card rewards programs complete with double miles, accelerated earnings, and big sign-up bonuses might get a rude awakening.”

The Official Merchant Services Blog on December 13, 2011 covered the topic of a Credit Card Swipe Fee. In that blog we wrote: “the plan would end up working much like the Durbin Amendment has worked. Where the idea of reform would get overshadowed by how banks and credit card companies reacted to the law. There would be some shifting, so in that sense the reform would cause change. But that eventually the burden for paying for any losses that banks and credit card companies get forced into through reform would end up squarely on the shoulders of the consumers.”

The Time article notes something that Host Merchant Services already pointed out regarding a Credit Card version of the Durbin Amendment — Banks would take another huge hit because Durbin has language that freed up banks and merchants to market and promote options to the consumer directly. In short, Durbin’s language freed merchants up to promote credit over debit. And because of that, a lot of merchants did just that as Banks offered new programs to make credit the more attractive choice. Subsequent changes that would now penalize Banks for doing that would create a lot of negative momentum for Banks and added onus for consumers who get stuck with no good choices overall.

New Hampshire Law

This article from credit.com reveals that one state legislature is already making moves to see a Credit Card Swipe Fee Cap become reality. As the article states: “A piece of legislation introduced in the New Hampshire House of Representatives, House Bill 1319, has drawn some attention for the way in which it would drastically alter the credit card landscape between businesses and payment processors. The law will limit the amount banks chartered within the state are able to charge businesses for processing credit card transactions to just 1 percent of the total purchase value.”

The article goes on to state that many businesses pay costs that range from 0.67 percent of the transaction’s value to 4.76 percent and that a MasterCard spokesperson told the Nashua Telegraph that the average 1.75 percent.

Cash Still Rules Everything Around Me

Our last news brief on the topic of the Durbin Amendment and swipe fee caps is a little different. This article from the Huffington Post shows a study that reveals cash is still king. The gist of the article: “More than three-quarters, or 79 percent, of consumers said they made a cash purchase in the last seven days, according to a report released on Tuesday from Javelin Strategy & Research, a market research group for financial services. Compare that to about 65 percent of credit and debit cardholders who say they swiped their plastic in the last week.”

The article suggests that this is a consumer reaction to card swipe fees. The article states that consumers are choosing to pay for items with cash to avoid fees on small, everyday purchases. The convenience of plastic gets overrun by the savings consumers perceive they get from going back to cold, hard cash. The study indicates that cash is replacing debit for small purchases, and credit is replacing debit for big purchases and the Durbin Amendment’s lasting legacy may simply be that it pushes Debit out of the consumer’s arsenal of payment options.

Durbin Backlash: Bank of America

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Today The Official Merchant Services Blog will take you through a quick roundup of the backlash over the Durbin Amendment. Host Merchant Services has kept its finger on the pulse of this legislation as it weaved its way through congress and into reality. The HMS article section gives you a comprehensive analysis of the legislation, which also very accurately predicted its impact on consumers, merchants and banks. The Official Merchant Services Blog also ran a 10-day series leading up to the October 1 start date for the legislation, titled Countdown to Durbin. That series selected relevant articles from around the internet and compared them to HMS’ detailed analysis of the legislation.

Since then, the story has continued to grow. It’s been spurred on by Bank of America, who announced in 2012 it would be charging its customers $5 per month to use debit cards. This move was clearly the bank’s response to the cap on swipe fees, and garnered quick and scathing negative reaction, as noted in this blog during the Durbin series. The bank was blasted for adding this fee after taking federal bailout money in the past. The bank was criticized for being the largest bank in terms of debit card transactions and thus one of the primary targets of the legislation. A Fox News anchor even cut up her debit card on the air to express her outrage over this news.

And then the protesters got involved.

Bank of America Gives Wall Street Protesters a Target

While initially the protesters on Wall Street were criticized for not having as much organization or specific goals as movements from decades prior, the Durbin Amendment and the Bank of America fees polarized enough people to fix that hole in the campaign right up. A Los Angeles Times article had this to say on it: “The announcement by Bank of America Corp. last week that it would charge customers $5 a month to use their debit cards has rung up animosity from coast to coast.

Coming amid growing anti-Wall Street protests, BofA’s new fee has become a focal point for anger and frustration about the flailing economy and Washington’s attempts to help the nation recover from the financial crisis.

Some banks are testing similar, though lower, debit card fees. But BofA was the first major player to take the plunge. And since it is the nation’s largest bank — as well as the beneficiary of one of the biggest taxpayer bailouts — the move has put a target on its red-white-and-blue logo.”

In our Countdown to Durbin blog series, The Official Merchant Services Blog cited reports that the first banks to put forth Debit card fees would indeed become a target and get negative reactions over their move. But the timing of the Wall Street protests that sorely needed something to latch onto, combined with Bank of America’s history with federal bailout money, and their foreclosure practices amplified the backlash. People began getting rowdy about it. And visiting Bank of America lobbies to be rowdy about it.

This Boston Herald article describes arrests made in protest of Bank of America: “Two dozen trespassing protesters were happily hauled off from Bank of America’s downtown offices last night in a gesture of civil disobedience against what they say are the leading lender’s unfair foreclosure practices.”
This Chicago Sun-Times article reports arrests were made at a Hyatt Regency and Bank of America in Chicago as part of the growing big bank/big business protest.
This Huffington Post article has images from a Los Angeles protest where 500 people stormed the downtown, including 10 protesters that were arrested in a Bank of America lobby.
And this Shore News Today article reports the protests spread to a Bank of America branch in Somers Point, New Jersey.

So What’s Next?

With all of the backlash and the protesting, one has to ask what the next step is? This ABC News 10 article suggests Online Banking: “According to financial website “Daily Finance”, many Americans are closing out their accounts and opting for online banks due to frustration over new debit card fees.”

E-commerce is booming and consequently this has created a much more viable niche for online banking. The article goes on to quote financial consultant Katrina Semmes: “Online banks are certainly worth looking into, but you need to do your homework to make sure they are reputable.” Semmes advised people to seek out the more recognized online banks.

“Semmes pointed out that some of the benefits of online banking include higher money market rates, 24/7 access to your account, and a reduction in one’s carbon footprint, meaning you don’t have to drive to the bank. She said some of the cons include a lack of ATMs with some online banks, no personal touch, and longer processing times for deposits and documents requiring signatures.”

But Online Banking isn’t the only reaction being touted. This Los Angeles Times article details how smaller banks and credit unions are primed to swoop in and grab disgruntled customers: “Regional and community banks such as L.A.’s City National Corp. and Chula Vista’s PacTrust Bank are lining up to take the anti-Bank of America pledge: no debit-card fees. For now, at least.

It’s an appealing come-on following BofA’s decision to charge customers $5 a month to swipe the cards — even for bankers who say new Federal Reserve regulations have unfairly capped what they can charge merchants for accepting the cards.”

Coming Full Circle

Although the most fascinating reaction to the Durbin Amendment can be found in this Huffington Post articlewhich details a call for a Justice Department Investigation: “House Democrats responding to the recent announcement of a new Bank of America debit card fee are calling for a Department of Justice investigation into Wall Street banks, charging that the timing of that announcement and the announcement of similar fees at other banks suggests possible collusion among the major players.

Bank of America, SunTrust, JPMorgan Chase and Wells Fargo have all recently announced new debit card fees. The banks cite a need to raise revenue to make up for diminished profits coming from merchant swipe fees as a result of recently passed reform legislation.”

A Short Opinion Break

So this is how things went with Durbin … It was introduced as an amendment to the Dodd-Frank Wall Street Reform and Consumer Protection Act. It’s goal was finance reform, specifically targeted at easing the burden of the consumer by putting a cap on debit card swipe fees. It was lobbied against in Congress by banks and credit card companies. Its debit card swipe fee cap was changed from the extreme 12 cent cap to a 21 cent cap with provisions that raise it to 24 cents. And then it was pushed back to October 1st, giving everyone time to prepare, and speculate what would happen. Most every report, story and analysis that came out about what would happen suggested that because the general scope of the reform legislation left all these other avenues there for banks to respond, that banks would do exactly what they did: Shift the fees to the consumer instead of the merchant.

All of that happens, like clockwork. And the government’s response? To push for the Department of Justice to investigate the banks for doing what many people, including the banks, said they would do.