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Jon Tester Backpedals In Multibillion-Dollar Swipe Fee Fight

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First Posted: 05/19/11 09:04 AM ET Updated: 07/19/11 06:12 AM ET

WASHINGTON -- On Wednesday, Sen. Jon Tester (D-Mont.) softened his call for a two-year delay of the regulatory crackdown on debit card swipe fees. In the face of heated opposition from virtually the entire American retail industry, the Montana Democrat shortened his proposed waiting period to 15 months.

As The Huffington Post reported in April, the move to shorten the regulatory delay was widely anticipated; several senators told HuffPost they'd get off the fence and support the postponement if its duration was decreased. "The difference between 24 months versus 15 could very well be the difference between winning and losing," said one bank lobbyist. "It's very clear that Sen. Tester wants a vote and he wants to win it. That's a good thing for us."

But that didn't stop lobbyists for merchants from celebrating Tester's step back on Wednesday, claiming that the new proposal revealed a fundamental weakness in his political position.

After Tester advanced a shorter delay on Wednesday, the Merchant Payments Coalition -- a lobbying group representing retailers of all sizes -- pressed their perceived advantage, sending a letter to senators on Wednesday blasting his bill as an "abdication of good policy."

"The 'compromise' proposal would require the Federal Reserve to write ... wrong priorities into law by changing its rules to exalt bank profits over what is best for the country," the letter reads.

At issue are the fees that banks charge retailers for the courtesy of accepting their debit cards. Last year's Wall Street reform bill ordered the Federal Reserve to regulate those fees. The central bank has since proposed cutting them by almost 75 percent -- from an average of 44 cents per swipe to 12 cents.

This pocket change for a each transaction collectively amounts to billions of dollars every month. According to data from finance industry publication The Nilson Report, debit card swipe fees generate $1.35 billion for banks each month, or $16 billion a year. About $8 billion of that total flows to just 10 big Wall Street firms.

The delay effort is the first step in a longer-term effort from the bank lobby to repeal last year's swipe fee rules altogether. This corporate lobbying extravaganza pits not only major retailers like Walmart and Home Depot against the biggest Wall Street banks, but also the leaders of the Democratic Party.

This political struggle will determine much of the Democrat's future fundraising operations. Tester, who won a close 2006 election, was a recruit of Sen. Chuck Schumer. In office, he has adopted the New York Democrat's survival strategy: raise as much money from Wall Street as possible. Schumer and Tester are now sparring with Sen. Dick Durbin (D-Ill.), the author of last year's legislation to cap swipe fees, who is relying heavily on retailer funds.

The Fed's fee cap is scheduled to go into effect on July 21. While Tester's two-year delay bill has won over several supporters, he has thus far been unable to breach the 60-vote threshold needed to break a filibuster. Bank lobbyists hope that a shorter delay will be able to garner more votes.

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WASHINGTON -- On Wednesday, Sen. Jon Tester (D-Mont.) softened his call for a two-year delay of the regulatory crackdown on debit card swipe fees. In the face of heated opposition from virtually the e...
WASHINGTON -- On Wednesday, Sen. Jon Tester (D-Mont.) softened his call for a two-year delay of the regulatory crackdown on debit card swipe fees. In the face of heated opposition from virtually the e...
 
 
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COMMUNITY PUNDITS
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LiberalBuzz 12:20 PM on 05/19/2011
What were the banks doing for money before debit cards?  They really should have a flat fee of about a nickel since it's all computerized anyway. Greed has and always will be the downfall of any civilization.

I like the convenience of a debit card but use cash for small purchases. As for checks more and more business' are using them as debit cards anyway.  You write the check, they run it  Read More...
02:28 PM on 07/06/2011
Jon Tester is a slave to the democratic party and the unions, thus he is a socialist and all of his actions are aligned with socialism and "progressiveness." On the surface, you appears to be pro business, but like Obama, he would prefer to see American capitalism fail so he can take control and get a tighter grip on all of out lives. http://identitynoise.com/blog/
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HUFFPOST SUPER USER
CharlieVer
Rush is a rock band...
10:59 AM on 07/13/2011
False on so many counts. 1.) Socialists oppose the Democratic party. 2.) This action isn't remotely socialist. 3.) Unions aren't socialist. 4.) Union members aren't socialist. 5) Socialists specifically object to Jon Tester's support of these unfair swipe fees that are burdening American business. Your claims are very ironic, and indicative of the Republican "hate Democrats" mindset and name-calling campaign. It's so ironic, I can't tell if you're saying that Jon Tester is a socialist because he's for swipe fees, or because he's for shortening the waiting period. I can't even tell whether YOU are for or against swipe fees. All I can tell is that you are name-calling. Here's a clue: Though countless individuals, whether socialists, capitalists, or those like me who refuse to be boxed into any "ism" are against swipe fees, swipe fees and socialism really have nothing to do with one another, they are unrelated topics.
08:01 AM on 05/22/2011
Thank you Jon Tester, the voice of reason in this debate. We all know the real cost of providing any service is greater than the incremental cost. We need to delay the Durbin amendment and study the impact before it goes into effect, not after. If it goes in as it is written, we will all pay more in banking fees while big retail pockets $12 billion a year and banks and credit unions are forced to process transactions below their cost and absorb 90% of thefraud cost when the merchants allow your card data to be stolen - see the recent story on Michaels. Swipe fees do need to be looked at but the Durbin amendment ispoorly throught out and written and it's just plain bad policy. We need to take a time out and get it right. Support Jon Tester.
09:25 PM on 05/19/2011
I thought democrats were for small businesses. I know he was bought by the backs to delay the bill until everyone found out what he was doing would hurt small businesses.
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HUFFPOST SUPER USER
Gio Salerno
08:19 PM on 05/19/2011
Does anyone look at the cost of each swipe? If they know how much revenue it brings in they must know the cost of the swipes. Are the banks and wall street ripping off everyone.
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irochfpst
no right turn
09:13 PM on 05/19/2011
yes.
Rastus
Peace Monger
06:55 PM on 05/19/2011
What would be the effect of a debit card boycott? If everyone refused to use their debit card for the month of June, banks would not collect $1.35 billion. Would they offer us something to go back to using our cards?
What would happen if we all visited the bank to make a free withdrawal from our accounts so we could pay cash for our purchases? I'm guessing prices might come down a tad, or retailers would share the $1.35 billion that would otherwise go to the banks. I'm so happy with banks just now that I think this would be a marvelous thing. Let's not use our debit cards in June.
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irochfpst
no right turn
09:15 PM on 05/19/2011
i don't know why americans love to use their credit/debit cards so much. don't they understand what it is costing them in terms of money and freedom. if everyone would just cut back and use more cash everyone will be better off for it.
05:19 PM on 05/19/2011
Although the fees might be a little high, using electronic payments is not without cost. The infrastructure, security, fraud guaranty, all these thing have a cost. It's either the customer, via bank fee, or the retailer, via swipe fee, or a mix of both, that will bear the cost. Thinking that banks won't or shouldn't charge anything is unrealistic.
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03:50 PM on 05/19/2011
swipe fees hurt small businesses. Why are certain politicians out fighting these swipe fees in order to help those poor mom & pop small businsses?
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HUFFPOST SUPER USER
Hank Hall III
Micro-Bio Encrypted for fun.
04:06 PM on 05/19/2011
Two guesses.
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HUFFPOST SUPER USER
Joseph Scott
Goat in the Thicket -- UR 2600 b.c.
03:30 PM on 05/19/2011
Astonishing.
The people are busy chasing their "sexy" social issues, planned parenthood, public radio, gay rights...literally, all very 'sex' affiliated issues, which is interesting in and of itself...but while they divert them with their religious - hooey they keep raking the money off the table and into their pockets. In this case, they are cleaning up the change, all the quarters, just sweeping 'em from the table and putting them in their pockets.

Like Carl Sagan, they can be heard chanting about the "billions and billions" of shiny quarters...so many it's impossible to count so they'll do it for us.
How thoughtful.

Would you let your neighbor, in for a night of card playing, do that after a hand is played...just reach in and take the kitty? the pot?

If citizens united made, by fiat, these corporations into people, with all the rights and responsibilities inherent to that designation, the one thing I can say about these corps is that they are absolutely lousy neighbors to invite to your card game. They steal and cheat.

Nice people.
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HUFFPOST SUPER USER
Mary Blickhahn
Mary Quite Contrary
03:25 PM on 05/19/2011
Wow these politicians really are bought and sold...So if they are for regulating a business that must mean the check is late...if they are against regulations they got an even bigger one??? Sick and wrong!
03:24 PM on 05/19/2011
If electronic banking helped banks reduce operations costs, then why do banks now want to charge for using electronic banking? Do we need to go back to using cash only? I mean, people do have choices, but this is ridiculous. Let's put a limit on greed.
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HUFFPOST SUPER USER
Bloodhound41
03:23 PM on 05/19/2011
I guess some banker failed to give him a big enough contribution. The real shame is that all politicians have to prostitute themselves to some group or individuals if they even want to get elected never mind get anything done.
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HUFFPOST SUPER USER
Hank Hall III
Micro-Bio Encrypted for fun.
04:16 PM on 05/19/2011
Sounds like a version of the chicken and the egg...
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irochfpst
no right turn
09:16 PM on 05/19/2011
time to vote them out of office.
03:11 PM on 05/19/2011
We may all have to go back to using cash...the banks are baron robbers...
05:15 PM on 05/19/2011
Even with cash you will still need a bank.
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HUFFPOST SUPER USER
Craig Lane
02:59 PM on 05/19/2011
Do any of these guys represent people anymore?
03:13 PM on 05/19/2011
Apparently not Tester.
HUFFPOST SUPER USER
gladhart1
03:15 PM on 05/19/2011
It does not seem that way anymore. The corporations are winning.
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HUFFPOST PUNDIT
Steelsil
Alan Grayson for President!
02:58 PM on 05/19/2011
One more senator in the pocket of big business.  It's sad.  This is what equating money with corporate freedom of speech has brought us, and it will bring us worse before it's repealed.  The Supreme Court 'injustices' appointed by Shrub are destroying our birthright - a free America that respects ordinary citizens.
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HUFFPOST SUPER USER
Joseph Scott
Goat in the Thicket -- UR 2600 b.c.
03:26 PM on 05/19/2011
x2.
While the public chases the fear they have been fed the looters are walking out the back door with the treasury. That only two years removed from the greatest economic catastrophe since the Great Depression, and already they've managed to reinstate their talking pts. about deregulation, small gov.t, and tax breaks for the rich and the richest corporations...it's obscene, and laughable and pitiable and all, if it just wasn't our country we were talking about, I could have a good laugh.

Unfortunately, it is our country we're talking about.
HUFFPOST SUPER USER
everysome
muddy boots on white carpet
02:47 PM on 05/19/2011
" Swipe" being the operative word here