ABA, associations: Appeals court should uphold Fed’s Reg II interchange fee standard | ABA Banking Journal

https://bankingjournal.aba.com/2026/06/aba-associations-appeals-court-should-uphold-feds-reg-ii-interchange-fee-standard/
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2026-06-10 14:08:56 · pdonofrio@vixio.com
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TITLE: American Bankers Association Urges Appeals Court to Uphold Federal Reserve's Regulation II Interchange Fee Standard BODY: On June 9, 2026, the American Bankers Association (ABA) and six associations representing banks and credit unions filed an amicus brief urging the Sixth Circuit Court of Appeals to uphold a district court ruling in favour of the Federal Reserve's Regulation II interchange fee standard. The case centres on the Durbin Amendment to the Dodd-Frank Act, which requires the Federal Reserve to set reasonable and proportional interchange fees for debit card transactions. In 2022, Linney's Pizza in Frankfort, Kentucky, sued the Federal Reserve in U.S. District Court for Eastern Kentucky, alleging that Regulation II exceeded the central bank's statutory authority by including "improper costs" in its calculation, resulting in an excessive fee cap. The district court ruled in favour of the Federal Reserve, but Linney's Pizza appealed to the Sixth Circuit. The ABA and its partner associations argued that overturning the district court decision would produce "absurd results" by requiring card issuers to facilitate debit transactions at substantial losses. They emphasised that a ruling in favour of Linney's Pizza would grant merchants a windfall without benefiting consumers, as merchants have demonstrated they will not pass savings to consumers. The associations noted that the D.C. Circuit Court of Appeals considered similar arguments in 2014 and rejected them, establishing settled law. Approximately a dozen amicus briefs were filed in the case, with ten supporting the Federal Reserve from diverse organisations. The ABA and its partners urged the appeals court to affirm the lower court decision, warning that imposing a new interpretation would be "extraordinarily harmful and needlessly disruptive" to stakeholders relying on Regulation II. A separate lawsuit challenging Regulation II was filed by state retailer trade associations and Corner Post in North Dakota, with that case pending before the Eighth Circuit Court of Appeals.
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