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TCH Brief Argues that Debit Interchange Rate Cap Is Unconstitutional

The Clearing House Association, together with seven other trade associations, filed an amicus brief with the U.S. District Court for the District of South Dakota in TCF National Bank v. Bernanke. The brief argues that the FRB’s interpretation of the Durbin Amendment and its proposed rule to cap debit interchange rates are unconstitutional. The brief requests that, if the Board's final rule precludes issuers from recovering their costs for debit card services plus a reasonable rate of return, the court preliminarily enjoin the effective date of the Durbin Amendment pending conclusion of the litigation.