I announce that the Senator from Michigan (Mr. Peters) is necessarily absent. Mr. President, I am trying to remember what year it was. It could have been 15 years ago in the Senate when I walked into a hearing chaired by Senator Arlen…
I announce that the Senator from Michigan (Mr. Peters) is necessarily absent.
Mr. President, I am trying to remember what year it was. It could have been 15 years ago in the Senate when I walked into a hearing chaired by Senator Arlen Specter of Pennsylvania. It was the Senate Judiciary Committee. I didn't know what the topic of the hearing was, but as a member of the committee, I was curious, so I sat down and listened, and I learned about something I really wasn't aware of.
Testifying were retailers across the United States, talking about something called a swipe fee, interchange fee. I didn't know what that was. Turns out it is the fee that is paid to the banks that issue credit cards when you engage in a transaction. It is not identified to the ordinary consumer, but the retailer who is using the credit card certainly knows quite a bit about it. It is the fee that he is charged, he the retailer is charged, for the use of banks' credit cards.
They were complaining--the retailers were--that the terms in the agreement, the interchange fee between Visa and MasterCard, which, of course, dominate the credit card world, were so opaque that they couldn't even get a copy of the actual contract between Visa, MasterCard, and this retailer sitting at the table.
They had a stack of papers in front of them which was part of the contract and agreement for the interchange fee but not the complete agreement. They were frustrated because they had no control whatsoever in terms of what Visa and MasterCard were going to charge.
I took an interest in it and asked Chairman Specter at the time: Is the Senate Judiciary Committee going to do something?
He said: Of course.
The honest answer was no. We had a hearing, and that was the end of it.
But I took an interest in the issue and decided to author a study to see what the impact was on small businesses and retailers of these interchange fees and swipe fees charged by
the banks that issue Visa and MasterCard.
The industry had no interest in any study on any aspect of it. They made it clear to me they were going to oppose every effort I had to try to get to understand this issue better by a credible study.
I was frustrated by this and decided to make an offer of a change in the law when it came to debit cards. Debit cards are different than credit cards because they are virtually a checking account. You can only charge as much as you have on balance to pay. And the question of credit is not as paramount as it is with the credit cards.
So I came to the floor and offered with Dodd-Frank, the banking reform, an amendment on debit card swipe fees and interchange fees.
Just to show you what a different time it was in the U.S. Senate, this was a bill that was being offered by Senator Dodd in the Senate and a Republican Senator as well on a bipartisan basis.
I offered this amendment on the floor and got into the queue. I was about the 25th amendment that was considered. And it wasn't approved by the Banking Committee; I was just offering this on the floor. What I was trying to establish was the actual fee that was being charged for debit cards.
As I said, I was about the 25th amendment to be offered. It turned out that there were so many controversial amendments in Dodd-Frank that I didn't rise to the top as the most controversial.
And so the issue was called and, at the last minute, the chairman of the committee, Senator Dodd said: Of course, that would require 60 votes. His belief was, if he required 60 votes, the Durbin amendment would go away, would be defeated.
It turned out he was wrong. The retailers of America came together in a way they had never come together before to raise questions about debit cards and the fees that are being charged to them.
The amendment passed with more than 60 votes, to the surprise of this sponsor, as well as the other Members of the Senate.
As luck would have it, the House of Representatives decided--Barney Frank, in particular--that this issue showed enough support in the Senate not to be part of any meaningful negotiations in conference, and the so-called Durbin amendment went through.
Since then, there have been several efforts on the floor of the Senate, over the years, to remove the Durbin amendment on debit cards, where the fee was established with the cooperation of the Federal Reserve, and they have failed. So we have debit card world semiregulated or somewhat regulated, not so much on the credit card side.
Roger Marshall is a colleague of mine--a Republican colleague--in the Senate today, from Kansas. He and I and Peter Welch of Vermont have cosponsored legislation to extend the coverage of this issue to credit cards. Senator Marshall and I agreed, whichever of us had the majority party at the time would be the lead sponsor. So it is the Marshall- Durbin-Welch bill, today, that is considered when we discuss credit cards.
I give this lengthy introduction to show you there is a deep history on this issue, and it continues to this day, and it has particular relevance at this moment for several reasons. Let me explain.
Data released this week by the Bureau of Labor Statistics confirms what many in the Chamber already know from our daily lives: Americans feel, every day, prices are just too high. Consumer prices--from rent to groceries, to utilities and more--are up nearly 3 percent compared to last year.
Affordability is real. It is a concern that supercedes virtually every other political concern with basic American families. While costs continue to go up and everyday Americans are struggling, big banks are rolling in cash, with profit margins around 30 percent. That is right. Big banks have profit margins in this economy of over 30 percent.
Why are banks making so much money? It is because they profit off of something called a swipe fee, or an interchange fee. Every time you use your credit card, Visa or Mastercard charge the merchant what is essentially a service fee. The merchant pays a fee of 2 percent to 3 percent on each transaction, meaning, if you spend $100, the merchant gets $97 or $98. While Visa and Mastercard keep some of the $2 or $3 themselves, most is pocketed by the big banks that issue the cards. A few bucks here, a few bucks there, and you have yourself a pretty good haul if you are a big bank.
How good? In 2024, the year before last, Visa and Mastercard and their big bank partners raked in $111 billion in credit card swipe fees. These swipe fees are crushing small businesses and their customers through higher prices.
If you don't believe me, listen to what a constituent of mine in Chicago wrote. Rick is his name. He owns a gas station. He pays $50,000 to $60,000 a year in swipe fees. He says:
These fees have [an] impact on pricing in the store.
Small business owners like Rick have little recourse. Visa and Mastercard have a near-virtual grasp on the credit card network market, controlling 85 percent of it. That is right. Visa and Mastercard control 85 percent of the credit card market.
I will give you an example of some other businesses that wrote to me in relation to this issue. Credit processing fees are crushing businesses, taking up to 4 percent for credit card sales. ``Currently,'' this individual wrote to me and said, ``88% of my sales are credit card.''
It has become, literally, the coin of the realm.
This individual, Laura, says she owns a coffee shop:
My per ticket amounts are low, roughly $5, yet each
transaction can take up to 25 cents in swipe a fee [to the
credit cards].
We need competition in the credit card marketplace and
options to choose from.
Just like small businesses have to compete for customers,
credit card companies should have to compete for our
business.
Laura has a coffee business in Elmhurst, IL.
Why are banks making so much money? The swipe fees are virtually unregulated. We would like to change that.
Another source of information is from Sesser, IL, which is in Downstate Southern Illinois. Greg Kelly writes me:
When combined with basic merchant processing fees and set
monthly access fees, credit card fees can add up to nearly 5
percent of total transactions.
Greg writes:
This is insane. This prevents hiring and hinders business
growth, as well as being able to compete. Credit card reform
is needed now.
Small business owners like Rick have no recourse. Visa and Mastercard have a near-virtual death grasp on the credit card network market, controlling 85 percent of it. Because of this, Visa and Mastercard are free to set fee rates on credit cards wherever they like. For their retailers, take it or leave it.
This allows them to tell small business owners like Rick that they are going to set the standard. He has no negotiating power. There is no competition unless the Marshall-Durbin-Welch bill passes. This is not how our system and our economy are supposed to work. It is time we bring back real competition to the credit card industry, the kind that encourages growth and brings about lower prices.
This bipartisan bill that I described to you, the Credit Card Competition Act, was endorsed by President Trump this week. It was kind of a pleasant surprise. I didn't know it was coming. He was unequivocal in supporting it. It would address the outrageous swipe fees being charged to retailers.
Talk about a hidden cost of business. Every time you use your credit card, if it is for a transaction, for a meal at a restaurant, for a contribution to a charity, the swipe fee is being taken out of it, 5 percent or more. My bill would require the largest 30 or so banks--only the largest banks--to enable at least two credit card networks to be used on the credit cards they issue, with at least one being outside the Visa-Mastercard duopoly. That would create real competition.
The banking industry hates the Marshall-Durbin-Welch amendment like the devil hates holy water. To them, any kind of regulation is unacceptable. By injecting competition into the credit card market, this bill would help bring down swipe fees that small businesses pay and that ultimately get passed on to working families in the form of higher prices.
Opponents of our bill have falsely claimed such provisions would squeeze Visa and Mastercard and the big banks, and force them to scale back reward programs.
I learned something recently in lobbying on this bill. The major airlines all oppose this bill that would limit the swipe fees and interchange fees. I was curious why the airlines would be so interested in it. It turns out, for most of the major airlines, they make more money off their credit cards that they issue than they do off air operations. That is right--more money off the little square plastic than they do on the actual airplane passengers.
So when I go into Reagan National Airport, I am not surprised that they have banners flashing: Stop the Durbin amendment. Stop anything that might affect your frequent flier plan.
I often wonder in an airplane--I pay attention to this; most people don't--when they give the announcements from the flight attendants about their credit cards, as soon as you reach a point where they completed all their safety announcements and told you to buckle up and shut up because we are about to take off, then they announce their credit card program and want you to sign up for it. That is the reality of it.
Watch next time you get on an airplane when they do this. These poor flight attendants have to bring applications up and down the aisles, trying to get people to sign up for credit cards.
Visa and Mastercard and card-issuing banks have plenty of room for reform. In 2024, banks netted about $378 billion in revenue from debit and credit cards, but they pay only $47 billion in rewards.
I value frequent flier miles like everyone else, but the program will not even be touched. I am no mathematician, but banks have plenty of revenue to continue offering rewards without hurting their bottom line.
Those worried about airline miles and cash back, an analysis by payments consulting firm CMSPI found rewards would be reduced by less than one-tenth of 1 percent, at most, because of the Credit Card Competition Act.
They are crying wolf. This bill has the support of a conservative Republican Senator from Kansas, Senator Marshall, and a liberal Democrat, Peter Welch from Vermont, and myself, of course. I urge my Senate colleagues: Let's come together and get this done on behalf of consumers and small businesses. You want to do something that really makes a difference to the bottom line and debt of families? Address the outrageous interest rates being charged on credit cards and address the swipe fees being charged to retailers that are fed into the inflationary aspects of this economy.
This is the time to do it, if we are going to meaningfully address the real expenses that families face. I urge my colleagues to take a look at this measure--this bipartisan measure, this commonsense measure--that will make a difference in the families that we represent.
I yield the floor.
I announce that the Senator from Michigan (Mr. Peters) is necessarily absent.