News & Analysis as of

Durbin Amendment Rules Interchange Fees Administrative Procedure Act

Orrick, Herrington & Sutcliffe LLP

District court sides against Fed in Regulation II interchange fee case

On August 6, the U.S. District Court for the District of North Dakota granted the plaintiff’s motion for summary judgment and denied the Fed’s cross-motion for summary judgment. The court found that Regulation II, which sets...more

Ballard Spahr LLP

ND District Court Invalidates Longstanding Debit Card Interchange Rule

Ballard Spahr LLP on

On August 6, 2025, in Corner Post, Inc. v Board of Governors of the Federal Reserve System, the U.S. District Court for the District of North Dakota (the “Court”) granted Corner Post’s motion for summary judgment, finding...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Vacates Federal Reserve’s Interchange Fee Rule

On August 6, the U.S. District Court for the District of North Dakota vacated the Federal Reserve’s 2011 Regulation II interchange fee cap rule, finding that the rule allegedly exceeded the FRB’s authority under the Durbin...more

Troutman Pepper Locke

Fed Considering Revisions to Debit Interchange Fee Cap

Troutman Pepper Locke on

On October 16, the Federal Reserve Board (Fed) published a notice of an Open Board Meeting to take place on October 25. The only matter under consideration at that meeting will be the Fed’s proposed revisions to the debit...more

Ballard Spahr LLP

Federal Reserve considering revisions to debit card interchange fees

Ballard Spahr LLP on

The Board of Governors of the Federal Reserve (FRB) is holding an open meeting on October 25, 2023 to discuss proposed revisions to the Board’s debit interchange fee cap contained in Regulation II, which implemented the...more

Ballard Spahr LLP

SCOTUS to Determine When Clock Starts under APA’s Statute of Limitations

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Last Friday, the U.S. Supreme Court agreed to decide when a right of action first accrues for an Administrative Procedure Act (APA) challenge to a final rule issued by a federal agency—when the final rule is issued or when...more

Troutman Pepper Locke

Supreme Court to Decide Commencement of APA Statute of Limitations Period in Debit Card Fee Challenge

Troutman Pepper Locke on

The U.S. Supreme Court has granted the petition for certiorari in Corner Post, Inc. v. Board of Governors of the Federal Reserve System (Board), a case where Corner Post challenges a 2011 Board rule that governs certain fees...more

Alston & Bird

Federal Reserve Board Issues Clarification on Treatment of Transactions-Monitoring Costs Under Regulation II

Alston & Bird on

On August 14, 2015, the Board of Governors of the Federal Reserve System (the Board) published a clarification (the Clarification) of the Board’s decision to include transactions-monitoring costs in establishing the 21-cent...more

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