The Clearing House Association and the Bank Policy Institute jointly filed a motion to intervene in Linney’s Pizza, LLC v. Board of Governors of the Federal Reserve System, a lawsuit filed in Kentucky federal court.  The suit challenges the Federal Reserve Board’s 2011 final rule establishing a debit card interchange fee cap.  The plaintiff’s claims are nearly identical to those made in Corner Post, LLC v. Board of Governors of the Federal Reserve System, which is pending in North Dakota federal court.  The plaintiff argues that the Board’s rule permits lenders and payment networks to charge higher debit card interchange fees than the Durbin Amendment permits.  The Associations are seeking to join the case to defend the interests of their members, arguing that the Board, as a government agency, does not adequately represent the interests of debit card issuers.  The Associations previously filed similar motions to intervene and for summary judgment in Corner Post.  

To read the full brief click here.