The Senate isn’t quite finished regulating banks and the credit card industry.
Last week, the Senate passed an amendment sponsored by Senator Dick Durbin (D-Ill.) that could reduce interchange fees that card processors (Visa/Mastercard) charge to merchants and allow stores to give customers discounts for paying with cash, check or debit cards.
The Durbin amendment is good news for retailers, but bad news for issuers, processors such as Visa and MasterCard, and possibly some cardholders.
“The CARD Act reminded us that regulations have consequences. When the government adds new rules and regulations that cost banks money, banks find ways to charge the consumer more in other areas to make up the lost revenue,” says Bill Hardekopf, CEO of LowCards.com and author of The Credit Card Guidebook. “Banks warned that the CARD Act would bring higher rates and fees. And they did. Issuers weren’t bluffing then and they aren’t bluffing now. If this passes, consumers may not be happy with what the regulations mean for them.”
The interchange fee is a stealth fee that receives little attention from the average consumer, but it provides important revenue to banks. Each time a consumer uses a credit card or debit card to make a purchase, the bank and card processor charge a fee that is approximately 2% of the purchase price.
If a consumer makes a $100 purchase with a debit card, the retailer gets approximately $98. The remaining $2 is the interchange fee and is divided three ways: about $1.75 goes to the card issuing bank, $0.18 goes to the Visa or MasterCard association, and the remaining $0.07 goes to the retailer’s merchant account provider.
In 2008, banks collected an estimated $50 billion in interchange fees. The interchange fees provided vital revenue for issuers during a time of high defaults and losses.
According to The Nilson Report, consumers made 36 billion debit and prepaid card transactions and 20 billion credit card transactions in 2009. Last year, the interchange fees averaged 2.23% for American Express, 2.06% for Visa and MasterCard and 1.88% for Discover.
Retailers have lobbied Congress against the interchange fee for years, complaining that the fee is too high.
Provisions of the Durbin Amendment
The amendment will allow stores to give customers discounts for paying with cash, check or debit cards. The seller can also decline credit cards for small dollar purchases (interchange fees exceed profits on some sales).
The amendment will direct the Federal Reserve to issue rules to ensure that debit interchange fees are “reasonable and proportional” to processing costs. It does not give the Fed the power to set interchange fees.
“Keep in mind that ‘reasonable and proportional’ is open-ended. It does not put a cap on the fee,” says Hardekopf.
Cost of Reform for Cardholders
Banks say they charge the interchange fee to cover operating costs to process credit card transactions, to maintain the processing network, and to protect against fraud. They warn that if the interchange fees are cut, they will have to find other ways to recoup these costs.
Interchange fees are used to underwrite “free” rewards. If the funding dries up, so could the benefits for many cardholders.
Retailers will save money, but will they pass these savings onto consumers?
“It would be surprising if retailers significantly cut prices because of this. Many retailers and merchants are also struggling and need every dime they can get. If consumers currently don’t know they are paying this fee, there will probably not be a large outcry if the price doesn’t change,” says Hardekopf. “Consumers may find the biggest savings with merchants that give discounts for alternative payments.”
Effect on Smaller Banks and Credit Unions
The amendment’s debit fee requirement exempts banks and credit unions with assets under $10 billion (99% of banks and credit unions), allowing them to collect the higher fee. However, these cards will cost more for merchants to accept. While merchants have to accept all cards in the Visa and MasterCard network, they can set a higher minimum payment for a community bank-issued card, encouraging consumers to use another card or form of payment. This could hurt the smaller banks and credit unions because the interchange fees are an important source of revenue for their own cards, which typically charge lower rates and fees than the big banks.
Results of Similar Legislation
In 2003, Australia’s central bank required that the interchange fee be cut in half, to less than 1 cent. According to the New York Times, banks and credit card companies claim the lower fees have cost them about $1 billion Australian dollars annually, or $919 million, and there have been several changes in Australia’s credit card industry. Banks have reduced credit card reward programs. Banks now require customers to pay their credit card bill faster. Annual fees have increased for reward programs.
The Senate could vote on the Financial Reform Bill on Wednesday. If it passes, leaders of the Senate and the House (which has passed its own bill in December 2009 that does not include these amendment) will meet the following week to negotiate differences between the two bills. The Senate and House would each vote one more time on this compromise bill before President Obama signs it.