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The administration's crusade against bank fees may undermine other priorities

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Banks are saying that a proposal by the Federal Reserve to cut interchange fees, combined with other proposed and finalized limits on fee income, could cause more banks to stop offering free or low-cost services to lower-income consumers.
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WASHINGTON — The hardest decisions to make are the ones that involve trade-offs — you can have one thing or another thing but not both. Such appears to be the case with the Fed's proposal to adjust Regulation II, the rule governing fee structures for debit card transactions mandated by the Durbin amendment in Dodd-Frank.

By way of background, the Durbin amendment was a provision adopted as part of Dodd-Frank that gives the Federal Reserve the power to cap interchange fees — the fees paid by retailers to card issuing banks — for debit card transactions. Prior to the amendment, the average "swipe fee" was around 44 cents per transaction; after some back-and-forth, the fee was ultimately set at 24.5 cents per transaction — though the calculus of each transaction fee is more complicated than that and varies depending on the size of the purchase. 

There was a drawn-out legal battle between the Fed and retailers over the fee cap in which the Fed ultimately prevailed; banks were nominally on the side of the Fed in that fight, but have been vocal in their distaste for the fee cap specifically and the Durbin amendment generally. But for the last 10 years or so there was something of a lasting peace in the interchange landscape.

That is, until last October, when the Fed issued a proposal to once again smack the Durbin hornet's nest and lower debit swipe fees from 24.5 cents to 17.7 cents, saying the updated fees will "reflect the changes in debit card related costs, so that the cap remains reasonable and proportional to these costs." The comment period for the proposal was extended back in February and concludes this Sunday, May 12, so we will soon get a chance to hear what banks really think about making less money from interchange.

One objection that has been brought up before and is already being brought up again is that interchange fees — in addition to providing a source of fee income to banks — also serve as a way to pay for banks to provide low- or no-cost accounts to their customers. As Jonathan Mintz, president and CEO of Cities for Financial Empowerment Fund — the entity that oversees the BankOn program — noted in his comment letter to the Fed, BankOn-certified accounts are designed "to be economically sustainable for partner financial institutions, if not even somewhat profitable, rather than dependent upon more ephemeral charitable motivations."

In other words, if you cut the interchange fee spread on checking accounts, you might find yourself in a world without free checking — which, in turn, would plausibly be a world in which fewer people have or use banking services to manage their financial lives. That claim, I think, is worthy of deeper interrogation.

Issues with interchange fundamentally involve three self-interested parties: the consumer, the retailer and the bank. Of those three, the consumer has the least skin in the game: They use their debit cards but have little insight into or interest in who is paying interchange fees to whom. This is best understood as a fight between retailers and card-issuing banks, with consumers stuck in the middle.

Both banks and retailers have valid points and enlightened self-interest on their sides: Interchange fees go from retailer to bank, and so banks can reasonably be expected to encourage their customers to use them as much as possible with rewards programs and the like; likewise, every penny saved from interchange fees is a penny earned for retailers. Both banking and retail are profitable and powerful business interests who are adept at talking their book and detailing how proposals they dislike harm consumers. That being said, I find the banks' argument in this case to be credible in light of the various other efforts put forward by this administration to limit banks' ability to collect fee income. 

Checking accounts, the bedrock of most consumers' financial lives, are what is known as a cost center for banks; it doesn't generally make them any money, but it does cost banks money. Maintaining and securing accounts, particularly from fraud and cyberattacks, is difficult and costly, and interchange fees, late fees and overdraft fees are some of the very few ways that banks recoup some of those costs from the consumers who use the service they're providing. 

That being said, BankOn accounts and free checking are not something that banks offer purely out of charity; an account is the first step in what banks hope will be a long and profitable financial relationship between them and their customers, so offering those accounts for free opens the door to more profitable loans down the road. But with overdraft falling out of favor and late fees being slashed dramatically, a further tightening of interchange margins could compel banks to stop offering those services for free, which in turn might drive marginal bank customers out of the banking system — an outcome decidedly at odds with the Biden administration's stated goals.

That isn't to say the administration's focus on consumer fees is misguided — concert ticket vendors, airlines and many other companies include pointlessly high fees that cost consumers directly and should be curbed. The same could be said for overdraft fees, which tend to subsidize wealthier bank customers on the backs of poorer ones. Interchange fees are more complicated, and the benefit to consumers is at best indirect.

The harm of clipping banks' available sources of fee income, however, might not have an indirect impact on consumers if their bank were to fail, and de facto requiring banks to rely on the spread and interest income might increase the chances of that happening — especially for smaller banks that rely on fee income more. 

Trade-offs are hard. But when the trade-off is between a banking industry with a wide customer base and diversified sources of income on the one hand and a slightly lower interchange fee on the other, the choice isn't all that difficult.

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