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Understanding S3623: A bill to amend the Electronic Fund Transfer Act to require the Board of Governors of the Federal Re

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A new bill, S. 3623, aims to shake up the credit card industry by promoting competition among payment networks. This legislation could lead to lower fees for merchants and potentially cheaper prices for consumers, making it a topic worth understanding.

What This Bill Does

S. 3623 proposes changes to the Electronic Fund Transfer Act (EFTA), which is a law that protects consumers when they use electronic payments like ATMs and online banking. The bill requires the Federal Reserve to create rules that encourage competition among credit card networks. Right now, big networks like Visa and Mastercard dominate the market, and this bill wants to give merchants more choices in how they process credit card transactions. The main goal is to ensure that within one year of the bill becoming law, the Federal Reserve will have new rules in place. These rules would make sure there is "adequate and reasonable competition" among the networks that process credit card payments. This means that merchants could choose from more than just the big players, potentially lowering the fees they pay for each transaction. Currently, the EFTA doesn't specifically cover credit card network competition, so this bill would be a new direction. It builds on existing protections like making sure consumers know how much they're being charged and limiting their liability if something goes wrong with a transaction.

Why It Matters

For everyday Americans, this bill could mean lower prices at the checkout. When merchants pay less in fees to process credit card payments, they might pass those savings on to consumers. This could be especially helpful for families trying to stretch their budgets. Small businesses, like your local coffee shop or grocery store, could benefit the most. They often pay high fees to process credit card payments, which can eat into their profits. By having more choices in payment networks, they might be able to save money and invest more in their business or lower prices for customers.

Key Facts

  • Cost/budget impact: No official cost estimate yet, but similar regulations have historically imposed minimal direct federal costs.
  • Timeline for implementation: The Federal Reserve must create new rules within one year of the bill's enactment.
  • Number of people affected: Potentially impacts millions of merchants and consumers nationwide.
  • Key dates: Introduced on January 13, 2026, and currently referred to the Committee on Banking, Housing, and Urban Affairs.
  • Other important details: The bill specifically targets credit card transactions, unlike the broader focus of the EFTA.
  • Historical context: Similar to the Durbin Amendment, which capped debit card fees and promoted competition.
  • Current status: Low likelihood of passing as it has only three sponsors and no further action since introduction.

Arguments in Support

- Reduces merchant fees: By promoting competition, the bill could lower the fees merchants pay to process credit card transactions. - Empowers merchants: Gives businesses the ability to choose less expensive networks, which could be especially beneficial for small businesses. - Benefits consumers indirectly: If merchants save money, they might lower prices for consumers. - Addresses market concentration: With a few networks controlling most of the market, this bill aims to prevent anti-competitive practices.

Arguments in Opposition

- Increases fraud/security risks: More network choices could make it harder to monitor for fraud. - Harms innovation: Heavy regulation might discourage networks from investing in new technologies. - Raises costs for small issuers: Smaller banks might struggle with the new rules, increasing their operational costs. - Unintended price hikes: Networks might raise fees elsewhere, potentially costing consumers more.
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Last updated 1/17/2026
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    federalreserve.gov
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    congress.gov
  6. fa
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    congress.gov

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Understanding S3623: A bill to amend the Electronic Fund Transfer Act to require the Board of Governors of the Federal Re | ModernAction