
Litigation over fee caps leaves debit card rules uncertain as the trade group flags risks from master account access and check fraud ahead of Chair Warsh's House testimony.
America’s Credit Unions has asked the Federal Reserve to withdraw its 2023 proposed changes to debit interchange rules until the courts resolve ongoing litigation. The trade group laid out the request in a letter to the House Financial Services Committee ahead of Fed Chair Kevin Warsh’s Tuesday testimony, according to a press release.
“Withdrawing the 2023 Proposed Rule would signal clearly that the matter of revising Regulation II is closed until litigation clarifies its legal status, while providing needed certainty to the debit card market for the foreseeable future,” the organization wrote.
The Fed has indicated it does not plan to finalize the amendments while lawsuits are active. It has not formally withdrawn the proposal. Merchants argue the current interchange fee caps are too high. Banks and credit unions say the fees fund security upgrades and innovation, a dispute that has played out in multiple courtrooms, as PYMNTS reported in October.
The letter also urged the Fed to carefully evaluate risks tied to expanding access to Federal Reserve master accounts. Applicants that are not supervised like insured depository institutions “could pose risks to the reliability and safety of Reserve Bank payments infrastructure,” America’s Credit Unions wrote. The Fed is already reviewing its framework for granting account access to uninsured banks and nonbank financial companies, PYMNTS reported in May.
A third issue involved a request that the Fed engage with the Consumer Financial Protection Bureau to revisit check hold rules under Regulation CC. The current five-day hold window leaves credit unions exposed to fraud, the letter said. “The mismatch between the time when funds must be made available and the time needed to fully learn whether a check is payable continues to contribute to significant fraud losses,” the group stated. Advocates of reform have noted that the law forces institutions to release funds even for suspicious transactions, PYMNTS reported in June.
Warsh’s appearance before the House Financial Services Committee is scheduled for Tuesday.
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