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Bloomberg Business Week: Jim Miller Weighs in on Debit-Card Swipe Fee Case

6.16.11

Husch Blackwell Senior AdvisorĀ Jim Miller was featured in a Bloomberg Business Week article regarding a debit-card fee cap added during the Dodd-Frank financial overhaul. TCF National Bank is challenging a provision known as the Durbin Amendment that limits the per-transaction charge on debit-card swipe fees. TCF sued the government saying the law is unconstitutional and asked that the enforcement of fee caps be delayed until their challenge to the law is decided. Delayed enforcement of the fee cap was already refused by a U.S. District Judge in South Dakota, and now the case is under consideration at the U.S. Court of Appeals in St. Louis, Mo. As former Office of Management and Budget Director under President Reagan, Miller believes retailers paying the fees have the upper-hand in this case. "The merchants have the better argument," he said, "This is a situation where the market has failed." Miller is not involved in the TCF case, but believes the regulatory cap will help restore the fees charged to reasonable levels. "I am hopeful that in two or three years there will be no need for the rule," he said. "You will see prices fall, and you will see real competition between these providers." A member of the firm'sĀ Governmental Affairs group, Miller has extensive experience working with federal government and economic organizations.