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Myron Schwarcz and Keith Ash

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Durbin 2.0: Creating Clarity or Confusion?

Posted by Myron Schwarcz and Keith Ash on Aug 17, 2021 9:30:00 AM

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Rumor is that a further tightening of the Durbin Amendment is on the near-term horizon for card issuers. The most concrete evidence is the Fed’s May request-for-comment on regulations for debit routing of online transactions.

The Fed wants to clarify the regulatory requirement that at least two unaffiliated payment card networks must be enabled for all debit card transactions, including card-not-present (CNP), and card-issuing banks and credit unions will be held responsible. Some terminology will also see standardization.

While the Fed positioned its query as a “non-substantive clarification,” many of the 453 comments submitted so far express a belief that the proposal, if enacted, would have a significant impact on issuers. Meanwhile, bankers are entering a period of uncertainty as they closely monitor the situation for implications to P&L.

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Topics: Payments, Vendor Contract Negotiation, Durbin Amendment, Regulations

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