The Clearing House Files Intervenor-Appellee Brief in Federal Appeals Court Case Concerning Validity of 2011 Debit Interchange Rule
The Clearing House and the Bank Policy Institute filed an intervenor-appellee brief in Linney’s Pizza v. Federal Reserve Board, currently pending before the U.S. Court of Appeals for the Sixth Circuit. The case was filed by merchant Linney’s Pizza and challenges the validity of the Federal Reserve Board’s Regulation II which imposes caps on debit card interchange fees. A Kentucky federal district court rejected Linney’s Pizza’s claim that the that the 2011 regulation permits card issuers and payment networks to charge higher interchange fees than allowed by the relevant statute (known as the Durbin Amendment). Linney’s then appealed that decision. Following the Associations motion to intervene in the appeal, the Court postponed a decision on intervention but allowed the Associations to file a full appellee-intervenor brief. In the brief, the Associations support the Federal Reserve Board’s position that it properly interpreted the Durbin Amendment when adopting the interchange fee caps in Regulation II. To read the full brief click here.