Newsroom

October 14, 2011

Justice asked to investigate bank fees

Five House Democrats last week asked the Justice Department to look into whether big banks have violated federal antitrust laws through the fee increases they have been rolling out in response to the debit interchange fee cap.

The group, led by Rep. Peter Welch, D-Vt., says it appears that the banks and their trades coordinated the fee increases in the wake of the enactment of the debit-card interchange fee cap provisions won by Sen. Richard Durbin, D-Ill., as a part of the Dodd-Frank Act.

Welch, who says he worked closely with Durbin in securing the debit interchange provisions, points to a Texas Bankes Association e-mail that said it was time for banks to decide how they would pay for debit-card use. The e-mail, Welch wrote, said that "may be through a monthly fee; it may be by using a ‘prepaid' card as opposed to a debit card; it may be that there is a way to not offer retailers instant credit for the transactions, limiting the amounts that can be charged, etc."

This and similar developments suggest possible collusion, according to the letter to U.S. Attorney General Eric Holder from Welch and his colleagues – Reps. John Conyers of Michigan, Raul Grijalva of Arizona, Keith Ellison of Minnesota and Mike Honda of California.

The lawmakers pointed to the recent announcements by Bank of America, J.P. Mortgage Chase and Wells Fargo of their intent to charge new debit card fees. And while they say there is "clearly no problem" with individual institutions making their own business decisions, "Antitrust issues are raised . . . if they are attempting to facilitate group decisions on their prices, terms and conditions."

The investigation request was covered by the Dow Jones, Associated Press and by other news outlets nationally – in print, online and on television. For one account, visit The Huffington Post.