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The Clearing House Moves to Intervene in Appeals of Conflicting District Court Decisions Concerning Validity of 2011 Debit Interchange Rule

The Clearing House and the Bank Policy Institute moved to intervene in the appeal of a Kentucky district court’s decision in Linney’s Pizza v. Federal Reserve Board that upheld the Federal Reserve Board’s 2011 adoption of Regulation II in a lawsuit challenging the regulation brought by merchants. Two weeks earlier, the Associations moved to intervene in Corner Post v. Federal Reserve Board, a nearly identical case in which a North Dakota district court reached the opposite conclusion and vacated the regulation’s provisions establishing caps on debit interchange fees. The Corner Post district court held that Regulation II permitted lenders and payment networks to charge higher debit card interchange fees than allowed by the statute (known as the Durbin Amendment). In both appeals, the Associations contend that intervention is appropriate because the Federal Reserve Board does not adequately represent the interests of their members that issue debit cards. To read the Motion to Intervene click here. To read the Supporting Reply click here.