Dec
21

Dick Durbin’s Hypocritical Quest for “Honest Information’ on Bank Fees

Editor’s Note:  Posting of the following article does not indicate that the Interchange Fees Forum endorses the views presented. The article is being presented in the interest on promoting a vigorous debate of regulatory issues affecting the electronic payments industry.

From: CEI/OpenMarkets.org

by John Berlau

Senate Majority Whip Dick Durbin (D-Ill.) wants banks and credit unions to know that he’s all about transparency and “honesty” in consumer fees.

In his recent letter hectoring the Illinois Bankers Association and the Illinois Credit Union League, Durbin proclaimed that  ”consumers in Illinois and across America have made clear their desire for honest information about banking fees.” He urged the banks to “be transparent about fees” by adopting a checking account disclosure form he favors.

Dec
15

New Research Shows Retailers Pocketing Savings from Durbin Amendment

Editor’s Note:  The study, Where’s the Debit Discount? Durbin Price Controls Fail to Ring Up Savings for Consumers, is attached below.  The InfoGraphic summary of the study may be found here.

From: Electronic Payments Coalition

Consumers Seeing Red, Not Green, at the Register during Holiday Shopping Season

WASHINGTON, Dec. 8, 2011 /PRNewswire/ — Consumers are getting a lump of coal this year from giant retailers. According to new field research released today, at least 76 percent of retailers included in the research have not passed promised savings to consumers, despite already receiving $825 million in windfall profits from the Durbin amendment. Congress justified the Durbin amendment, which established price controls on the cost retailers pay to accept debit cards, in part because of proclamations by retailers that consumers would benefit in the form of lower prices.

Dec
12

The Critical Role of Civil Servants

Historically, federal civil servants played a critical role in developing and implementing federal policy. The attached article in the Administrative Law Review, published by the American Bar Association in conjunction  with the Washington College of Law of the American University, sets forth in Section D on page 54  the critical role career federal employees had in the establishment of centralized regulatory review in the White House Office of Management and Budget.
 

Dec
07

Debit Fee Cut Killing Bank Profits: Analysts

From: Forbes

Legislation known as the Durbin Amendment that limits fees banks can charge retailers on debit card transactions is proving more damaging than previously thought, according to analysts.

Rochdale Securities analyst Richard Bove cut earnings estimates for both Bank of America (BAC) and Wells Fargo (WFC) on Tuesday, citing revenues lost to Durbin in both instances, among other issues.

Nov
30

Retail Groups Sue Federal Reserve Over Debit-Fee Rules

Editor’s Note:  Retailers are moving from rent-seeking, i.e., gaming the regulatory system for personal gain, to Regulation by Litigation.

From: Supemarket News

WASHINGTON — Three industry associations, including Food Marketing Institute, filed a lawsuit in federal court here last week saying the Federal Reserve failed to follow the requirements of last year’s sweeping financial reforms when it set a cap on debit-card interchange fees this year.

Nov
23

Retailers Sue for More Stringent Price Controls

Editor’s Note:  Retailers may want to consider the implications of their demand for yet more stringent price controls on debit cards, federal action may not stop where they want.

Retail Groups Sue Fed Over New Debit Card Rules for Banks

Nov. 22 (Bloomberg) — The Federal Reserve was sued by retailer groups over new regulations governing so-called swipe fees, claiming the Fed disregarded the law when deciding how much banks can charge merchants for debit-card transactions.

Nov
18

Scant savings on ‘swipe’ fees for Charlotte retailers

From: Charlotte Business Journal

Adam O’Daniel

At the Common Market deli and corner store, owner Chuck Barger admits debit-card interchange or “swipe” fees are difficult to understand, even after months of banks screaming about new rules governing the charges.

And he was left scratching his head this week when asked about how the controversial Durbin amendment would effect his South End store off South Tryon Street.

“I don’t really see any savings,” Barger says.

There may not be any savings to see. As the first debit-card processing-fee statements since new regulations took effect begin to arrive in retailers’ mailboxes, merchants might be disappointed, experts say.

Nov
09

Next Target: All Interchange

Editor’s Note:  The lessons from price controls on debit interchange — consumers lose  — has apparently not been learned. 

From: CSPnet.com

SIGMA, other groups set sights on further fee reductions

By Steve Holtz

WASHINGTON Even as efforts are made to repeal debit-card-fee reform, SIGMA and other retail groups hope to carry the momentum of that historic lobbying effort to make similar changes to credit-card and other interchange fees in the near future.

“The banks’ great hope is that this will be applied only to ‘cards’,” said Tim Columbus, legal counsel for SIGMA, during the SIGMA Annual Meeting in Washington this past weekend.

Nov
02

With Debit Card Fees D.O.A., Expect More Checking Fees

From: American Banker

Call it a defeat for banks, a publicity debacle, or a whole lot of hollering for no good reason. Whatever your read on the brief life of the debit card usage fee, its demise is just a prelude to more checking fees at the major banks.

Higher account maintenance fees are inevitable, because basic, relatively low-balance checking accounts are simply not profitable on their own. Despite the widely circulated allegation that banks are raking in money from regular consumer accounts, industry groups, analysts, and available data suggest that such accounts are money losers without overdraft fees or extremely high-margin interchange charges. This problem is worse for the major banks, which have higher overhead.

Oct
25

More on Interchange Fees

From: The Atlantic

by Megan McArdle

Apologies for the absence–I was wrestling with a column yesterday.  Luckily, this seems to have given you lots of time to comment on earlier threads, particularly the one on interchange fees.

That gives me a lot to respond to.  Let me see if I can hit the main points on interchange: 
 
 
1.  Debit cards are regressive; merchants charge slightly higher prices, which hurts people who pay cash.  True, but trivial; you need a fairly elastic definition of the word “hurts” to care about this.  We’re talking about a transfer of, at most, tens of dollars a year.  There are lots of such transfers in the retail community: those who buy small amounts cost more than those who buy lots; those who park cost more than those who walk; those who use coupons and hunt for sales cost more than time sensitive shoppers who buy whatever they happen to want.  As I asked before the amendment passed last year: shall we also outlaw Costco because the urban poor do not have SUVs, spacious pantries, and large chest freezers in which they can store their warehouse club bounty?
 
 
You do not slap a price control on an otherwise functioning market because the poor might pay, over the space of a year, $20 more for food.  If this is a real problem, you increase the damn EITC.  (As maybe we should anyway).
 
 
Moreover, this was a bit rich coming, as it usually did, from the retail lobby.  I find it hard to believe that merchants were spending millions of dollars lobbying because they wanted so badly to pass their interchange savings onto the deserving poor.  I rather suspect they were hoping to pass the interchange savings onto their bank accounts.
 
 
There’s evidence for this, by the way: according to the GAO, when Australia slapped price controls on their interchanges, there’s no evidence that prices went down.  Of course, you can handwave and say that well, maybe there was a lot of other stuff going on and we couldn’t detect the effect, but here’s the problem with that:  if we couldn’t detect it, that means that the effect was very small. And we should probably shy away from enacting regulations to achieve ends that are undetectably small.  
   
To add insult to injury, switching from interchange fees to higher bank account and debit card fees is hardly a progressive change.  People with comfortable balances and good credit will either get free checking, or they’ll use credit cards.  Lower balance users with worse credit (read: poorer people) will pay the fees.
 
2.  You’re asking merchants to subsidize your free checking and air miles.  Talking about who subsidizes who is pretty much meaningless in a two-sided market, which is what credit cards are: they need to attract both consumers and merchants.
 Do magazine subscribers subsidize corporate advertising, or do advertisers subsidize magazine reading?
 
What pisses off merchants is that they also need to attract consumers, which means they have to accept credit cards, which means that the fees for supporting the payment system come mostly out of their pockets.  I probably wouldn’t like it much either, but the fact that Harris Teeter and Wal-Mart have to pay for the fixed costs of operating a payment system, rathe than Ma and Pa Middle Class, does not strike me as some sort of cosmic injustice in urgent need of federal remedy.
 
3.  The new system is more transparent.  This is, to me, a frankly bizarre argument.  A cap on debit interchange fees is a price control, not a transparency initiative.  There is a reason that very few transparency advocates focus their energy on slapping price controls on everything in sight.
  
I mean, sure, if you set the price of bread at the wholesale cost of a loaf of bread, stores would carry a lot less bread, which would certainly show people how little interest stores have in selling products at a loss.  And there would probably be lines for bread, which would certainly be very intrusive and obvious to everyone, rather than the “hidden subsidies” for store lighting and shareholder dividend payments that used to be folded into the price of bread.  And if you did this for all the goods in the store, then you’d probably have to pay a fairly hefty admission fee to get in the store, or a fat fee for parking, or something that would cover all the fixed costs of operating the store and attracting customers and so on.  This would certainly make it clearer to customers how much it costs to operate a store.
    
But this would not be a blow for transparency; it would be a gross market distortion.
                 
To apply this to a two sided market: if you fixed the cost of advertising at slightly above the physical cost of printing an extra page, magazines would lose a lot of revenue.  And obviously, they would have to make the costs up somewhere, presumably by raising subscription fees.  But this wouldn’t be “more transparent” in any interesting sense, even though yes, it would make many customers much more aware of the costs of running a magazine.  It would just be an elaborate way to put most magazines out of business.
                
4.  It’s only disgusting big banks who don’t care about their customers who are slapping on these added fees; smaller banks and credit unions didn’t do it, so the fees must just be a cynical ploy by greedy bankers, rather than an actual effect of the Durbin amendment.
 
Ahem.  The reason that credit unions and small banks are not slapping higher fees on their account holders is not that they are kinder, more considerate folks who only have the best interests of their customers at heart.  Rather, they were exempted from the caps on interchange fees.
Moreover, if all of us did as some of my readers have urged, and switched our custom to smaller banks, this would entirely undo the alleged point of the Durbin amendment, was to lower the interchange fees that retailers are paying.
          
5.  Retail is more competitive than banking, so more of the fees will get passed through.  Argument by assertion.  Neither commercial banks nor retail operations compete entirely on price, but my understanding is that retail banking in the US is pretty competitive.
  
Moreover, well over half of the fees supposedly go to cover either rewards, or the transaction costs of bank accounts and payments, according to a report frequently cited by supporters of Durbin, so the merchants would have to be passing through almost all of the savings in order to make this a better deal for customers.  Even if you allow some higher benefit for cash over air miles, I don’t think you can allow much, because so many rewards these days are . . . cash back.
 
How likely is it that they’ll be passing through the vast bulk of the gain? Well, remember that merchants have three or four classes of customers: credit, cash, check, and debit.  The fee cap is not going to deliver a huge savings on every transaction; just substantial discount on a fraction of them (and not even that, if the lower interchange fees push people onto credit cards, or into credit union accounts where the fees aren’t capped).  
 
I expect that this fragmenting of payments is going to significantly reduce the competitive pressure to distribute the gains to consumers, since we’re talking about something less than a penny off for every dollar in the price of a product.  Most debit card purchases are not $800.00 flat-screens; they’re gallons of gas and cartons of milk. Maybe gas stations will feel compelled to give you that half a cent per gallon; it’s one of the most competitive commodities on the market.  But for things like groceries and drugstore items, I’m skeptical.

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