November 15, 2024

Bucks Blog: New Credit Card Fees Possible but Unlikely

Some retailers will soon have the option of charging extra fees to customers who pay with credit cards, as a result of a legal settlement in an antitrust lawsuit involving MasterCard, Visa and the big card-issuing banks.

It remains to be seen, however, if any merchants will actually do so.

The National Retail Federation, which wasn’t a party to the suit but which represents thousands of retailers affected by the settlement and opposes the deal, insists there is not broad support among merchants for credit card surcharges. A federation spokesman, Craig Shearman, said in an e-mail that the notion of widespread surcharges is “purely card industry propaganda.”

“While there can always be exceptions, merchants in general have no intention of surcharging,” Mr. Shearman wrote.

As The Times reported previously, a twist involving American Express cards makes it difficult for retailers that accept them to add surcharges for MasterCard and Visa cards.

And despite the settlement, the extra fees are still illegal in 10 states that prohibit credit card surcharges: California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas. That means national retailers that have outlets in those states can’t impose them anywhere, according to the federation.

Mallory Duncan, the federation’s general counsel, said in a short phone interview that surcharge rules in the settlement are overly complex and favorable to the card industry.

The upshot, Mr. Duncan said, is that the settlement merely serves to provide cover to card companies to deflect criticism of their “swipe” fees, which merchants pay to banks when customers pay with credit cards. The fees typically range from 1.5 to 3 percent or more of the purchase amount. The federation has said it is exploring its “legal options.”

But in theory, at least, the fees could begin showing up as soon as late January, as a result of a preliminary settlement entered in the case in November, according to the lawyers who brought the suit. In the event that some retailers charge the extra fee, the group Consumer Action has published a pamphlet to help consumers know their rights when it comes to these potential “checkout” fees.

Retailers, for instance, must provide “clear disclosure” of any fees they are charging at the store’s entrance and point of sale or, for online merchants, on their Web site. The fee must also appear on the receipt. Merchants aren’t allowed to take advantage of customers, and the fee can’t be greater than what the store actually pays to accept credit cards.

It seems doubtful that such fees will become widespread, at least not right away. The cost of credit card “swipe” fees is already baked into the price of a store’s merchandise. And merchants may be reluctant to risk losing a sale, if a customer is annoyed at having to pay more when choosing to pay with credit.

It may be that retailers can use the possibility of charging such fees as a negotiating tool over the size of the swipe fees the stores pay, said Trish Wexler, a spokeswoman with the Electronic Payments Coalition, which represents banks and card-payment networks and which worked with Consumer Action on its pamphlet.

The settlement, while controversial, was announced this summer and received preliminary approval in federal court in Brooklyn on Nov. 27. (It applies to purchases made with credit cards, not debit cards.)

What would you do, if you encountered a store that charged you a fee for using a credit card?

Article source: http://bucks.blogs.nytimes.com/2012/12/27/new-card-fees-possible-but-unlikely/?partner=rss&emc=rss

Retailers Push for Yet Lower Debit Fees

WASHINGTON — Retailers won a big victory last summer when the Federal Reserve cut by half the fees that banks and credit card companies were charging them to process debit card transactions.

For some retailers, however, that was not enough. This week, trade groups representing retailers, convenience stores and grocers filed a lawsuit against the Fed, asserting that the board’s debit fee rules — which allow an additional variable fee to cover fraud costs — violate the law passed by Congress as part of the Dodd-Frank financial regulation package. The lawsuit was filed in United States District Court in Washington.

The rule, which went into effect in October, was the subject of fierce lobbying by banks and retailers over what has grown to $20 billion in annual debit card transaction fees. Consumers do not pay the fees directly but merchants have complained that rising fees in recent years have forced them to raise prices.

In a sort of Solomonic decision, the Fed approved a cap of 21 to 24 cents a transaction, down from an average of 44 cents that had been being charged. But the new fee cap was roughly double the 12 cents initially proposed by the Fed before banks and credit card companies pushed to raise it.

Mallory Duncan, senior vice president and general counsel for the National Retail Federation, said in an interview that the main problem with the Fed’s new fee structure was that it allowed banks and card companies to add a variable charge of up to 5 basis points — or five one-hundredths of a percentage point — to each transaction in order to recover a portion of fraud losses.

“The law specifically said that they could recover fraud prevention costs,” but it does not allow for the recouping of actual losses, Mr. Duncan said.

Banks also can include in their fees the cost of updates to their processing equipment, he said. That benefits the overall operations of banks and card companies, but does not directly relate to specific debit card transactions, as the law requires, he said.

“The Fed did a very credible job of investigating what the incremental costs of debit card transactions were,” Mr. Duncan said. “But the Fed didn’t follow the law, so everyone’s fees are higher than they should be.”

A spokeswoman for the Federal Reserve said the board was aware of the lawsuit and “will be reviewing it,” but she declined further comment.

Mr. Duncan said the Fed’s rule had particularly harmed merchants that handle mostly small-ticket purchases — fast-food outlets, convenience stores and the like.

Before the new rules were created, those companies typically paid a fee of 11 to 12 cents on a $5 purchase, Mr. Duncan said. Now, banks have adopted the Fed’s fee structure as a minimum charge on all transactions, meaning that fees on small-ticket items have doubled.

Trish Wexler, a spokeswoman for the Electronic Payments Coalition, which represents card companies, banks and other issuers of debit cards, said the lawsuit by retailers was “a matter of greed.”

“Retailers won’t be truly happy until they pay zero to accept cards,” Ms. Wexler said. “They don’t want to pay anything for this system, which produces for them more revenues, more customers and more security.”

Mr. Duncan said the lawsuit was not motivated by greed. “The nature of our business is extremely competitive,” he said. “Our profit margins are probably the narrowest of any industry in America.”

After the new debit fee rules went into effect, some banks, Bank of America most prominent among them, said they would begin to charge customers a monthly fee of about $5 to use debit cards. After an uproar by consumers, the banks backed off the proposal.

Article source: http://feeds.nytimes.com/click.phdo?i=530d16ee1fb4c07a16f8c114888465b5