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	<title>The Minority Report Blog &#187; Food Marketing Institute</title>
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		<title>Delaying Dodd-Frank’s Durbin Price Controls Would Save Retailers From Themselves</title>
		<link>http://www.theminorityreportblog.com/2011/06/08/delaying-dodd-franks-durbin-price-controls-would-save-retailers-from-themselves/</link>
		<comments>http://www.theminorityreportblog.com/2011/06/08/delaying-dodd-franks-durbin-price-controls-would-save-retailers-from-themselves/#comments</comments>
		<pubDate>Wed, 08 Jun 2011 18:28:35 +0000</pubDate>
		<dc:creator>Steve Foley</dc:creator>
				<category><![CDATA[New Posts]]></category>
		<category><![CDATA[Bob Corker]]></category>
		<category><![CDATA[Credit union]]></category>
		<category><![CDATA[Dick Durbin]]></category>
		<category><![CDATA[Dodd–Frank Wall Street Reform and Consumer Protection Act]]></category>
		<category><![CDATA[Food Marketing Institute]]></category>
		<category><![CDATA[jon kyl]]></category>
		<category><![CDATA[Jon Tester]]></category>
		<category><![CDATA[United States]]></category>

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		<description><![CDATA[By John Berlau Today is the day, as a bipartisan amendment comes to the Senate floor delaying draconian price controls on debit card transaction fees from Dodd-Frank’s Durbin ]]></description>
				<content:encoded><![CDATA[<p>By John Berlau</p>
<p>Today is the day, as a bipartisan amendment comes to the Senate floor  delaying draconian price controls on debit card transaction fees from  Dodd-Frank’s Durbin Amendment, that the Senate has an opportunity to  save consumers, community banks, and credit unions from a train wreck  that will have a  more direct effect on their finances than the  much-hyped debt ceiling default.</p>
<p>In voting this afternoon on a <a href="http://thehill.com/blogs/on-the-money/banking-financial-institutions/165181-new-shorter-delay-to-interchange-limits-introduced">one-year delay</a> of the Durbin Amendment and study of its effects on consumers and small  banks and credit unions, sponsored by Sen. Jon Tester (D-Mont.) with  Republican such as Sen. Jon Kyl (R-Ariz.) signing on,  the Senate also  has the opportunity to save the retail industry from shooting  itself in it collective foot with its massive but short-sighted lobbying  effort to keep these price controls in place. With the Durbin Amendment  mandating below-cost price caps of no more than 12 cents for the  interchange fee, or swipe fee a merchant groups call it, that banks will  be able to charge retailers to process debit card transactions,  Washington has — in the <a href="http://www.newsmax.com/Murdock/debitcard-DickDurbin-checkingaccounts-Dodd-Frank/2011/05/27/id/398007">words</a> of syndicated columnist Deroy Murdock — “declared war on debit cards.”</p>
<p>But  even though this war was instigated by big merchants such as Wal-Mart,  Walgreens and Home Depot and retail trade association such as the Retail  Industry Leaders Association and Food Marketing Institute, retailers  themselves are going to be among the casualties of this war as the debit  card system slows down and even breaks down due to the ill-effects of  the Durbin price controls. New developments show that both consumers and  retailers, particularly smaller ones, will lose.</p>
<p>Federal Reserve Chairman Ben Bernanke <a href="http://www.bloomberg.com/news/2011-05-12/bernanke-says-lawmakers-should-be-concerned-about-swipe-rules.html">recently told</a> the Senate Banking Committee that the Durbin 12-cent price caps, which  will reduce interchange revenue for banks and credit unions by a much as  90 percent, “could result in some smaller banks being less profitable  or even failing.” These failures may not hit the Wal-Marts or Walgreens  that can borrow anywhere, but since smaller retailers typically borrow  from community banks, their ability to get credit will be affected.</p>
<p>Also,  recent data breaches at Sony and Michaels craft stores specifically  involving debit cards illustrate that investment in data security is  paramount, and that anything that reduces this investment will hit the  retail industry hard. These firms urged the debit card holders who may  have been affected to contact their banks and credit unions that issued  the cards.</p>
<p>In return, as <a href="http://www.jsonline.com/news/opinion/123376888.html">noted</a> by Wisconsin Credit Union League CEO Brett A. Thompson, the financial  institutions “had to determine which states were involved, monitor  potentially compromised accounts, manually reduce limits for both ATM  and PIN transactions, monitor ATM transactions in the affected states,  notify debit card holders of potential fraud on their accounts, issue  new debit cards to those whose accounts were compromised and refund  money to fraud victims.”</p>
<p>I have written in OpenMarket and  elsewhere about how this measure inserted with little debate into  Dodd-Frank by Senate Majority Whip Dick Durbin (D-Ill.) is  basically  mandating a transfer of these substantial costs for  processing debit cards from the retailer to the consumer. And how many  consumers will lose their free checking and debit card rewards and get  hit with other fees to pay this cost. These costs to consumers are  already accelerating as we get close to Dodd-Frank’s July 21st deadline  and both national and regional banks are eliminating completely debit  card rewards. SunTrust specifically <a href="http://www.americanbanker.com/bulletins/-1035173-1.html">cited</a> the Durbin price controls as the reason it was ending the program.</p>
<p>But  there are only so many costs that can be transferred to consumers, and  merchants are likely reap what they’ve sown in terms of both the  quantity and quality of services from financial institutions in debit  card processing, which will slow down sales and enable more security  breaches. Shortages are an outcome of all price controls that act as  price ceilings. As the great free-market economist Thomas Sowell writes  in his book <em>Basic Economics</em>, price ceilings mean “less is supplied at a lower price than at a higher price — less both quantitatively and qualitatively.”</p>
<p>In  addition, smaller retailers and other small entrepreneurs will suffer  for the same reason consumers do. They make purchase with debit cards  and checking accounts in addition to accepting them as forms of  payments. So they may lose their free checking and business debit card  rewards, which are often more lucrative than consumer rewards. A <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1769887">study</a> coauthored by Robert Litan, vice president of the respected Kauffman  Foundation that researches entrepreneurship, found that all small firms  would be negative affected by the Durbin price controls.</p>
<p>There has  been near-unanimity in opposition to these price controls by  Center-Right groups. 33 leaders of conservative and free-market  organizations — from the Competitive Enterprise Institute and Americans  For Prosperity to the Christian Coalition — signed a <a href="http://cei.org/news-releases/center-right-groups-support-halting-dodd-frank-debit-card-price-controls">letter</a> supporting measures to delay the Durbin Amendment. And <a href="http://www.atr.org/atr-rate-vote-tester-interchange-fee-a6216">Americans for Tax Reform</a> and the <a href="http://60plus.org/60-plus-scoring-measures-to-delay-durbin-amendment-as-guardian-of-seniors-key-vote/">60 Plus Association</a> are both scoring a vote in favor of today’s measure from Tester as one of their key votes.</p>
<p>The question remains, though, if the 15 Republicans who sided with the retailers and <a href="http://www.openmarket.org/2011/03/16/interchange-will-16-republicans-again-back-durbins-price-controls/">voted for the price controls</a> last time will, in Deroy Murdock’s words, will “find their inner  Reagans” this time. They could offer a simple explanation to their  retailer friends, “We’re only saving a fragile economy and saving you  from your own big-government blunders.”</p>
<p>(<em><strong><a href="http://cei.org/expert/john-berlau" target="_blank">John Berlau</a> is director of the Center for Investors and  Entrepreneurs at the Competitive Enterprise Institute.</strong></em>)</p>
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