Durbin Amendment – A Review: The Durbin Amendment is an addendum to the Dodd-Frank Financial Reform and Consumer Protection Act passed by Congress in 2010. Its namesake, Senator Richard Durbin from Illinois, wrote this to expand Federal Reserve powers for establishing interchange fees in debit card transaction processing. With Federal Reserve establishing the interchange costs, the eventual goal is always to spur economic development with lower costs. This would certainly show that sellers could lessen the prices on their products/ services, since they save on interchange fees; and this type of less expensive costs might facilitate a rise in consumer spending.
As per this, the interchange fee for debit card transactions will be prescribed a maximum. Up until the passage of the Durbin Amendment, the regular fee that financial institutions were charging retailers/ merchants/ business people for each and every transaction was 44 cents. According to the Federal Reserve, banking institutions collected almost $16 billion per year on these service fees to cover fraud prevention, admin and transactional charges. Having said that, beginning October 2011, in the event that this goes into effect, the charge will be limited to 12 cents plus 0.05% of the transaction, with the likelihood of an additional cent if certain criteria are met.
This could possibly be great news for merchants since this would result in a decline in the quantity of bank fees. Nevertheless, banks and credit unions are against the amendment, because debit card swipe fees mostly accumulate to the financial institution that issued the debit card. Card issuing banks typically take in about 1.3% of each dollar that you spend on your debit card, as a fee from the business owner. This amounts to nearly $3 billion per year of extremely high profit margin revenue for Bank of America, for instance, a number which seems to diminish by around 80% unless Congress, the Department of Justice, or the Federal Reserve intervenes. Because of this, banks will look for choices to catch up on the revenue loss by asking customers some type of a fee, just like the monthly fee that Bank of America is charging their clients for making use of their debit cards. Because of this, consumers could end up paying the price, literally and figuratively, for the lost revenue. This has sparked intense debate.
Additional Provisions in the Durbin Amendment: This is pertinent to simply those banks that have less than $10 billion in assets. Retailers can pick the debit network service they wish to process the transactions. Until the passage of the new law, retailers could only use the STAR network to process Visa transactions, whether or not it meant that other networks like PULSE and NYCE charged cheaper. Retailers/ merchants/ business owners can provide discounts to those clients who pay for products and solutions with a debit card or perhaps in cash. Merchant agreements for both Visa and MasterCard at the moment ban this practice to support credit card usage. Merchants can apply a minimum of $10 on credit card transactions. This minimum amount can be adjusted by the Fed as they see fit. Previously, Visa and MasterCard banned this kind of practice in their merchant contracts.
Issues with the Durbin Amendment: Banks may choose to enhance incentives such as rebates and reward points to get clients to spend more with credit cards. Customers may see an advantage to using credit cards versus a debit card to earn the incentives. If it offers banks the ability to impose a minimum amount on debit card transactions, there is no stopping for banking institutions to decide to cap debit card purchases at $100, restricting big ticket purchases. As an alternative, customers will likely be compelled to make use of a credit card, prepaid debit card or cash. Smaller banking institutions that are not directly affected by this could end up bearing revenue losses. Market forces might require the smaller banks to lower rates to be competitive. Banks may transfer the fee to customers to combat their revenue losses by adjusting the terms for free checking accounts.
How the Durbin Amendment Has an effect on Small Enterprises: Whilst this seeks to boost business activities, the passage of this new law will affect small businesses in a number of ways as the following. Most small enterprises pay more to provide discounts than for debit interchange fees. This simply leaves most business owners at the mercy of a pricing strategy. A tiered pricing system with a merchant service provider could cost more. Small firms would eventually understand almost no genuine savings proposed by this. For example, merchant services may have a coded system which includes other fees such as down-grades and hidden mark-ups. In essence, small companies may well not see any savings initially because of blended contract agreements. The net effect is that consumers who purchase from these businesses will not see any savings. Small companies that currently don’t accept debit card payments would not see any savings. If banks increase banking fees, they might include small business checking accounts. Practically 15 million smaller businesses have active checking accounts. It is estimated that small enterprises could pay as much as $4.8 billion in higher fees during the 2 yrs after the Durbin Amendment is implemented. Many small companies must assess their debit card transactions. This might help to detect whether savings is possible with their current provider, or if switching to one with lower fees is worth it. What works for one small enterprise may well not benefit another based on the payment card consumers use.
Conclusion: The Durbin Amendment was passed to enhance business activities among individuals and small companies. The interchange fees charged by the Federal Reserve could add more cost than savings to both groups. Market competition may drive banking institutions to transfer the lost revenue onto smaller businesses and customers. Competition will drive banking institutions and credit unions to transfer the loss of debit card interchange fee revenue to checking account holders by means of higher fees and reduced services. Certainly, these banks and credit unions aren’t going to ignore a large revenue loss.
Consumers could get some of the money back if retailers reduced prices at the point of sale (POS). However the economic facts demonstrates that retailers would not lower prices much in the near term because the financial savings only amount to less than 2 cents on a $10 item. While in the long run, large merchants in several categories would pass on only a element of their cost savings. Small businesses could get some compensation for the losses enforced through predictable modifications to the costs and services of their checking accounts and debit cards if they accept debit cards and if their merchant processors lower their fees. But most small enterprises do not accept atm cards, and those that do are not likely to see the debit card fee reductions quickly or completely. Thus small enterprises will lose.
There is just one affected group that can be confident of accomplishing well under the Federal Reserve’s proposal. The large business owners on interchange-plus pricing from their merchant processors could end up with windfalls of between $17 and $20 billion in the first Two years after the recommended regulations go into effect, even after accounting for plausible amounts of reductions in prices to consumers. Larger corporations may gain advantage more from the lowered interchange fees and have more overall flexibility to pass those savings onto clients. However, the law allows small businesses to select its merchant service for transactions. This provides more options in providing a merchant service provider with affordable fees.
A massive key here is that it still fails the small business to make sure they are saving money with the new legislation. Make sure when you call your current credit card merchant account provider or the one you are looking at signing with, that they are conscious of this and have adjusted their pricing to pass on these savings. If the rep can not discuss how they have altered their prices, or worse seems baffled as to what it is, then it likely means you should find a different merchant service provider to do business with.
If you have any questions regarding the Durbin Amendment and how it may impact your business, you have come to the right place. Interchange Minus gives you a complete review of the advantages and disadvantages of the Durbin Amendment.



