What is the Durbin Amendment?

Asked by: Genevieve Parker  |  Last update: August 22, 2026
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The Durbin Amendment, part of the 2010 Dodd-Frank Act, caps debit card interchange fees (swipe fees) for large banks (over $10 billion in assets), aiming to lower costs for merchants by setting a "reasonable" fee limit, currently around 24 cents per transaction (21¢ base + 0.05% + fraud adjustment). It also requires banks to offer merchants a choice of unaffiliated debit networks for routing transactions, promoting competition. While intended to benefit consumers, impacts are debated, with banks raising other fees and merchants not always passing savings to customers.

What is the Durbin Amendment cash discount?

Some merchants have started offering cash discounts or have introduced surcharges to offset card processing costs in order to offset transaction fees. The Durbin Amendment includes allowances for merchants to offer their customers a discount on cash transactions at the point of sale.

Who enforces the Durbin Amendment?

Today the Federal Reserve Board issued final rules of the Durbin Amendment, part of the Dodd-Frank Act signed into law in July 2010 by President Obama. The Durbin Amendment gave authority to the Federal Reserve to regulate debit (signature, PIN, and PINless) interchange fees and transaction routing.

What are the Durbin debit rules?

The Durbin Amendment caps interchange on debit card transactions for banks with more than $10b in assets and requires all banks to provide merchants with two unaffiliated debit networks in certain situations. Regulation II (“eye-eye”), implements those statutory requirements.

What is the asset size for the Durbin Amendment?

The Durbin Amendment aimed to address those issues by giving the Fed the power to regulate debit card interchange fees for issuers with more than $10 billion in assets, which account for about two-thirds of all US debit card transactions.

Durbin Amendment Explained (Dual Pricing & Cash Discounting COMPLIANCE)

42 related questions found

What is the $10,000 bank rule?

The "$10,000 bank rule" refers to federal laws requiring financial institutions and businesses to report large cash transactions (deposits, withdrawals, payments) of over $10,000 in currency to the government to combat money laundering and financial crimes. Banks file Currency Transaction Reports (CTRs) for cash activity over $10,000, while businesses file Form 8300 for similar payments, both sending info to FinCEN and the IRS to track illicit funds.

Is it legal to charge 3% on credit card purchases?

Yes, charging a 3% credit card fee (surcharge) is generally legal in most U.S. states and follows card network rules (like Visa's 3% cap), but it depends heavily on your location and requires strict adherence to rules, such as not surcharging debit cards, capping it at your actual processing cost (not to exceed 3% for Visa/4% for Mastercard), and providing clear customer notification. Some states (like Connecticut, Massachusetts, Texas) may have their own bans or restrictions, so it's crucial to check your specific state laws.

What does the Durbin Amendment do?

The Durbin Amendment, part of the Dodd-Frank Act, limits debit card transaction fees to 21 cents plus 0.05% of the transaction value. Only financial institutions with assets over $10 billion are subject to these limitations, offering exemptions to smaller institutions.

What is the new rule of banks 2025?

The Banking Laws (Amendment) Act, 2025 is a step towards strengthening governance standards in the banking sector by ensuring uniformity in repor ng by banks to the Reserve Bank of India along with improved audit quality in public sector banks (PSBs).

Which credit card company has the most complaints?

  • Capital One was the most complained-about credit card issuer by total number of complaints, followed by Citibank, Bank of America and JPMorgan Chase.
  • Ten U.S. credit card companies accounted for about 93 percent of all consumer complaints to the CFPB.

How does the Durbin Amendment affect banks?

This paper aims to advance the debate by studying another post-crisis price regulation: the Durbin Amendment. The Federal Reserve's rules implementing Durbin capped debit interchange fees for banks with assets of $10 billion or more. This reduced interchange revenue for covered banks by nearly 25 percent.

Is my debit card eligible for international transactions?

If your debit card has a Visa or MasterCard or other internationally accepted payment networks, then it is accepted abroad.

Is cash discounting illegal?

Firstly, while cash discounts in their true form are allowed in all 50 states, two states still prohibit surcharging credit card transactions. If you surcharge in a state with a law against it, you're breaking the laws of that state.

How to avoid problems with cash discount programs?

To ensure compliance, merchants should:

  1. Post visible signs at entrances and checkout counters.
  2. Include service fees or discount lines on every receipt.
  3. Avoid applying fees to debit card transactions, which are treated differently under card brand rules.

What is a reasonable cash discount?

Most cash discounts range between 1% and 4%. You'll want to consider your average ticket or transaction price when making this decision. Generally speaking, the higher your average transaction, the lower you'll want your cash discount percentage to be and visa versa.

Can the government take money from your bank account in a crisis?

The government generally cannot withdraw money directly from bank accounts unless there are unpaid tax obligations, which come after multiple notifications.

Can credit card late fees be waived?

Yes, some credit card issuers might waive a late payment fee, especially if it's your first late payment. You will need to contact your credit card issuer to request a waiver.

What is the 2/3/4 rule for credit cards?

The 2/3/4 rule is a guideline, primarily used by Bank of America, that limits how many new credit cards you can get: no more than 2 in 30 days, 3 in 12 months, and 4 in 24 months, helping to prevent over-application and manage hard inquiries on your credit report. While not universal, it's a useful benchmark for responsible card application, though other banks have different rules (like Chase's 5/24 rule). 

Is it better to charge a credit card in USD or foreign currency?

Being charged in the local currency helps you avoid hidden ATM rip-offs by giving you the best possible exchange rate. This is because if you choose the local currency, your bank or card provider will do the currency conversion and apply the exchange rate.

Which bank does not have international fees?

Major banks offering no foreign transaction fees on debit and/or credit cards include Capital One, Charles Schwab, Discover, and HSBC, with options like Capital One 360 Checking, Schwab Bank Investor Checking (which refunds all ATM fees), and Discover Debit providing fee-free international spending and ATM use, though some may have card acceptance limitations or require specific account types. Other banks like Ally, Fidelity, and USAA also offer accounts that waive these fees, making them great for travelers.

Is it legal to charge more for a card than cash?

In 1985, California passed a law (Civil Code section 1748.1) that prohibited merchants from adding a surcharge (an extra fee) when customers pay by credit card instead of cash.