Quantcast
BANKTHINK

Never Mind the Lobbyists, Durbin Amendment Helps Small Banks

MAR 3, 2011 12:28pm ET
Print
Email
Reprints
(9) Comments

The Durbin Amendment in Dodd-Frank lowers the interchange paid to large banks on debit card purchase transactions, and hence takes money away from these banks to give it to merchants, almost dollar for dollar. When passed, this provision was politically popular. It was a time for bank-bashing.

Now this component of Dodd-Frank is much less popular. Maybe legislators have noticed that even if Wal-Mart passed through every last penny of the 0.7% of debit card sales it's apt to save to customers in the form of lower prices, the consumer benefit is likely to be invisible to voters. In any event, the banks have made themselves highly audible to voters in shrill but absurd threats to cap debit card purchases at $50 and the like. Another form of lobbying.

One of the arguments made against the Durbin restriction on interchange is that it will hurt community banks.

Poppycock.

Since Durbin explicitly excludes banks with assets under $10 billion from the restriction on interchange, it takes a hyperactive imagination to see how these banks could be hurt by it. Lobbyists have the requisite inventiveness.

If large banks get 75% less interchange than they do now and small banks continue to get today's interchange rates, then obviously this confers a substantial competitive advantage on the small banks. They can impose lower fees, pay more interest, and give greater rewards to depositors. Anything that reduces revenue for big banks but not for small ones should help the latter compete more effectively against the former.

In opposition to common sense, bank lobbyists have put forward some very far-fetched arguments about how, in some upside-down world, small banks are still going to be losers rather than winners from Durbin.

One argument is that the clearing networks, of which there are only four that matter, will not support the "two-tier" interchange system envisaged by Durbin. Ridiculous. Visa is the largest of the networks. It's already announced that it will implement Durbin. (Maybe this is an object lesson as to why Visa remains No. 1.)

For the small banks, MasterCard is the only other significant player. If MasterCard finds it politic not to add one more wrinkle to a skein of interchange levels that is already of Byzantine complexity, then let the small banks gravitate to Visa in order to benefit from Durbin.

A second argument of the big-bank lobbyists is that merchants will reject the debit cards of small banks if these carry a 1% interchange cost, versus 0.3% for the large banks. Really? Then why don't these merchants reject all credit cards, with interchange of 2% or more, if the customer could instead use a debit card? When is the last time a merchant politely asked you whether you could pay with a debit card instead of a credit card?

The reason merchants don't do this, apart from association rules that purport to prohibit it, is that the retailer's top priority is sales, not interchange. Selective "suppression" of cards by merchants has occurred with extreme rarity. One instance took place long ago when merchants in Boston revolted against higher interchange rates from American Express. This can't happen now. Are cashiers in stores going to look at a list of small banks in order to discriminate against their cards — and then have customers walk out and leave their would-be purchases at the cash register? The fraction of customers who would be persuaded to change banks or carry two debit cards is infinitesimal.

The notion that merchants will give discounts on big-bank debit cards but not small-bank debit cards is equally silly. Since when did they offer an incentive to use debit rather than credit cards? If they are not motivated to do so by 2.3% versus 1% interchange, then why should they be motivated by 1% versus 0.3%?

JOIN THE DISCUSSION

(9) Comments

SEE MORE IN

 

 
Comments (9)
The exemption is meaningless to the small banks. Our rates have to be competitive with the big banks, so reducing this fee income (which covers our operational and fraud costs) will have a huge negative impact on us and other small banks. Inevitably we will have to make this up by charging our customers for services that were free in the past. So the merchants will increase their profits, and the consumers will pay more for their checking accounts. This is just another unintended consequence of regulations written by folks who don't understand the business of banking.
Posted by dbwilkinson | Thursday, March 03 2011 at 2:01PM ET
The exemption will not insulate smaller banks from adjusting fees to compete with larger banks. Fee income at smaller banks will need to be offset in some form by additional fees on other products and services. Regulatory and compliance burdens will not be less going forward which will make it difficult to make up the shortfall on the expense side.
Posted by hileman1 | Thursday, March 03 2011 at 2:28PM ET
As much as Congress would like to, it can't overturn the law of economics. Two separate prices for the same product is not sustainable.
Posted by BankAdvocate | Thursday, March 03 2011 at 2:46PM ET
"To ensure that small institutions are truly exempt, to ensure that fraud costs are truly accounted for, we have got to slow the process, study the issue and get this right in legislation...If we fail to do that, then the debit network is going to be weaker and small institutions are going to be at a disadvantage,"...by Rep Royce.
Posted by carlbrad | Thursday, March 03 2011 at 5:57PM ET
The Durbin admendment should never have been added to the Dodd-Frank bill. It was hastily added without being debated in committee hearings.It has the potential to have significant"unintended consquences". It has been estimated to be nothing more than a $12 - $14 billion windfall for retailers.A delay should be considered for its implementation until further time can be given for study and debate.
Posted by martincole | Thursday, March 03 2011 at 6:47PM ET
Add Your Comments:
You must be registered to post a comment.
Not Registered?
You must be registered to post a comment. Click here to register.
Already registered? Log in here
Please note you must now log in with your email address and password.

Email Newsletters

Get the Daily Briefing and the Morning Update when you sign up for a free trial.

TWITTER
FACEBOOK
LINKEDIN
Marketplace
Fiserv is a leading global provider of information management and electronic commerce systems for the financial services industry.
Learn More
Informa Research Services is the premier provider of competitive intelligence, mystery shopping, and compliance testing services to the financial industry.
Learn More
CSC is a leader in private-label, third-party loan servicing with 30+ years of proven experience in delivering effective, cost-effective solutions.
Learn More
Already a subscriber? Log in here
Please note you must now log in with your email address and password.