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TCH Amicus Brief Argues There Is No Legal Basis for the Fed to Issue an Expedited Interim Interchange Rule

The Federal Reserve, Merchants, and The Clearing House-led trades coalition all filed briefs on whether there ought to be an interim final rule in the event Judge Richard Leon were to lift the stay of his order setting aside the current interchange rule. The Fed requested that Judge Leon continue to stay his order and allow the rule to remain in place while it appeals his decision. Merchants also supported a stay pending appeal. In addition, Merchants conceded that the court has no authority to order fee recoupment and took the position that, assuming the decision is upheld on appeal, the Fed should then be required to issue an interim rule when the case is remanded. The TCH-led trades coalition supported the stay pending appeal, argued that there is no legal basis for the Fed to issue an expedited interim rule, and took the position that an interim rule would harm all affected interests, threaten electronic debit card payment system safety, and precipitate more litigation and further muddy the regulatory landscape.