Small Banks Benefitted, Not Harmed, By Durbin Amendment

Visa and MasterCard Under FTC Probe

In a recent report, the Federal Trade Commission has taken a close look into debit card transactions and found that small banks have not been hurt by the Durbin Amendment that lowered swipe fees charged by card companies and banks with assets above $10 billion. The report also announced that the FTC is investigating Visa and MasterCard for practices that might have prevented merchants from using lower cost processors of debit card transactions -- in violation of the Durbin Amendment.

From the report:

“…(I)nterchange fees paid to exempt issuers are higher than those paid to non-exempt issuers. A recent report by the General Accountability Office also concluded that ‘community banks and credit unions have not, on average, experienced a significant decline in their debit interchange fees…. This is consistent with early reports that the payment card networks had adopted a two-tier fee structure for exempt and non-exempt issuers.”

Doug Kantor, counsel to the Merchants Payments Coalition said:

“The FTC report confirms what merchants have been saying all along, that after the reforms small banks and credit union would not only not be harmed by debit but also would benefit from reform, along with consumers, merchants and the overall economy,”

For more information read Merchants Payments Coalition press release here and FTC report here.

Facts About The Broken Credit Card Swipe Fee System

Current swipe fee system is not working and it needs improvement, clarity and government oversight. Right now it is completely controlled by Visa, MasterCard and major banks that charge merchants unjustifiably high transaction fees that significantly reduce business owners’ profit margins. Retailers can’t opt-out or comparison-shop. U.S. card fee system lacks transparency, competition and is almost impossible for merchants to decipher.

Facts:

• In the U.S., banks take between 2 and 3 percent of every credit card purchase.
• The average profit margin for U.S. merchants is 1-3 percent. That means the swipe fees going to the banks equal or exceed the business owner’s profit on each transaction.
• Right now, many small business owners don’t even know the cost of each transaction because the system dictated by the credit card companies and the banks keeps fees hidden and remarkably complex.
• Currently, Visa has over 70 swipe fee categories while MasterCard has over 240 different categories.

Swipe fees are out of control and constantly growing, even though with today’s technology the actual cost of processing credit card transactions should be minimal and U.S. has the highest fees in the world hurting both merchants and consumers.

Facts:

• Today, hidden swipe fees are costing average consumers hundreds of dollars a year – no matter how they pay for their purchases.
• U.S. swipe fees are 7 or 8 times higher than the standard European rate on each transaction
• Hidden swipe fees cost Americans more than all credit card annual fees, cash advance fees, over-the-limit fees, and late fees combined
• Hidden swipe fees cost Americans more than all credit card annual fees, cash advance fees, over-the-limit fees, and late fees combined

For more facts about swipe fees read:

• The Facts About Debit Reform
• The Facts About Credit Card Swipe Fees
• “Swipe Fee” Reform – International Lessons

A Roundup of Credit Card Ripoffs

Major banks and credit card companies have been caught red-handed misleading their customers with deceptive credit and debit card fees. The Consumer Financial Protection Bureau, agency established last year to protect consumers from unfair and abusive practices of financial institutions, ordered Bank of America, American Express, Capital One and Discover to refund $425 million to their customers.

Sacramento Bee personal finance columnist Claudia Buck lists a few of credit card fee scams used to rip-off consumers:

• “Bank of America routinely processed debit transactions in order of highest to lowest amounts. Instead of debiting them chronologically in the order they occurred, the bank started with the highest amount - say a $1,000 rent payment. If that exceeded what was in the person's bank account, then every subsequent debit charge racked up overdraft fees, which typically are $35 per transaction. As a result, some consumers got dinged thousands in overdraft fees.”       

•  “American Express: Three AmEx subsidiaries were ordered to pay $85 million to about 250,000 cardholders for various illegal credit card practices between 2003 and spring 2012. The violations "occurred at every stage of the consumer experience, from shopping for cards, to applying for cards, to paying charges, and to paying off debt, " said the CFPB." 

•  “Capital One's call centers targeted consumers with low credit scores. When those customers called to activate their credit cards, "high-pressure" salespeople were misleading about the cost, eligibility and benefits of various products, such as job-loss "payment protection" or credit score monitoring.” 

 You can read Claudia Buck’s article here.

Unfairness of Swipe Fees

Swipe fees are a huge burden for small business owners across the country. Ted Burke, a restaurant owner from California, talks about how powerless he feels when faced with credit card companies’ unrestrained ability to set non-negotiable and unreasonably high rates.

“Business owners like me can negotiate virtually all of our costs, but we are powerless to negotiate swipe fees. This is because the major credit-card companies set rates on behalf of the banks that offer their cards, not on the cost of processing. That is the opposite of the free enterprise system, it is not right and it costs consumers as well as merchants.”

As the prices go up, banks raise their fees even though it doesn’t cost them a penny more to process transactions. Mr Burke says:

“Typically, this kind of technological improvement drives down costs. The swipe fees, however, just keep going up. 

Moreover, banks are double-dipping - they are already protected from inflation because credit swipe fees are assessed as a percentage of each sale. Thus, when menu prices go up, so does bank revenue. Yet the banks keep raising the percentage rate to take a bigger bite, making transactions more expensive. 

I view the banks and credit-card companies as unwanted business partners. They do not work anywhere near as hard as I do, yet they collect nearly as much in fees as the average restaurant earns in profit.”

Read the rest of Ted Burke’s article here.

Time for Congress to Put an End to Visa-MasterCard Price-Fixing

While business owners are struggling to keep operating costs and prices down, credit card companies and big banks charge them swipe fees that are extremely high and unreasonable if we consider how little it actually costs the banks to process credit card transactions.

Bill Leichsenring, the owner of two restaurants in Iowa, describes how much credit card fees hurt his businesses and calls on Congress to act and bring transparency and competitive pricing to the swipe fee system.

“We need transparency and competition. We need the ability to negotiate to reduce our operating costs so we can hold down prices.

I believe in free markets and don’t usually advocate government interference. But in cases like this, where the market is clearly broken, Congress needs to step in.

Members of Congress should determine why U.S. card swipe fees are so much higher — including the ratio of what is charged businesses vs. actual costs — and set about demanding competitive market pricing for swipe fees instead of the price-fixing we have today.”

Read Leichsenring’s article here.

Holiday Shoppers Be Aware

With the holiday season almost here and shoppers crowding stores and restaurants, Scott DeFife, Executive Vice President for Policy & Government Affairs for the National Restaurant Association, reminds us that every time we use our credit card, banks and credit card companies charge merchants a hidden and unjustified swipe fee.

With Visa and MasterCard dominating the market, business owners cannot negotiate swipe fees and the only choice they have to avoid them is not to accept credit cards, which would be the kiss of death.

 “Another clear indicator of a broken market is the fact that restaurant owners can’t negotiate swipe fees the way they can negotiate for nearly every other business expense. It’s a take it or leave it deal – either accept the fees as they are or don’t accept plastic. That’s not a real choice if you want to attract customers. And, merchants can’t even be sure that the fees they pay are correct. When a customer gives a credit card to the cashier or server, there is no way of knowing what the fee will be for that card, since the rates vary by card and by reward program.”

Lyle Beckwith, senior vice president for government relations for the National Association of Convenience Stores, calls swipe fees “a hidden tax” that goes directly to banks. Not many know about it and yet we all pay the price:

“Even though swipe fees are invisible to consumers, they result in higher prices, even for those who mostly pay with cash and rarely use a card. The only difference between swipe fees and taxes is that the $50 billion in revenue that the swipe fee generates every year goes directly to banks rather than to the government. Every American household on average pays about $427 a year in the swipe fee “tax.””

Read DeFife’s article here and Beckwith’s article here.  

The Market Power of Visa and MasterCard

New York Times Economix blogger Nancy Folbre who earlier this month wrote about unfairness of swipe fees has taken a closer look at how extremely complicated the fee system is for merchants to maneuver and how business owners are left with no choice but to pay exceedingly high fees:

“This market structure is hard to discern, because cards themselves are issued by different banks, with different terms — and they come in many different colors. Among issuers, the top 10 credit-card-issuing banks accounted for more than 90 percent of outstanding credit card debt in 2009.”  

“Both the payment networks and the card issuers operate in a “two-sided” market — selling their services both to consumers and to merchants. Consumers can engage in at least some comparison shopping — considering both terms of service and interest rates charged by different providers.”  

“Small businesses, however, have long been limited in their ability to steer customers toward credit cards that charge lower fees, partly as a result of payment-network rules and partly because they fear inconveniencing their customers and reducing sales.” 

“Payment networks and card issuers know how to exploit that fear, and they have a common interest in extracting as much revenue as possible from the merchants who rely on their services. Their market power puts them in a strong position to do so.”

 To read the entire blog, see here.