Credit Card Competition Act, Take Three

by David Klemt

Here we go again: Bipartisan lawmakers in the House and Senate are taking another shot at the Credit Card Competition Act.

After the incredibly underwhelming progress of the Credit Card Competition Act of 2022, lawmakers are making another move. Now, a bipartisan effort is coalescing around the Credit Card Competition Act of…2023.

The “new” bill was introduced on June 7. On the Senate side, Senators Dick Durbin (D-IL) and Roger Marshall (R-KS) are trying to push the bill forward. In the House, Representatives Lance Gooden (R-TX) and Zoe Lofgren (D-CA) are driving the effort.

Roughly eight months ago it was revealed that 1,802 merchants drafted, signed, and sent a letter to the House and Senate. To summarize quickly, the merchants were pushing for the bill to become law. Another supporter of the CCCA? The National Restaurant Association, claiming that the bill could save merchants $11 billion a year in fees.

Of course, a lot is going on since the introduction of the CCCA of 2022. For one, it’s being widely reported that House Republicans are “revolting,” blocking bills and effectively paralyzing the chamber. There’s also the matter of the second indictment of a former president.

However, reporters who know far more than I about the inner workings of Congress seem optimistic. While there’s drama in the lower chamber, there are articles circulating that seem to think the CCCA of 2023 has enough bipartisan support to pass.

What’s the CCCA Again?

The Credit Card Competition Act of 2023 addresses what the bipartisan lawmakers pushing the bill forward refer to as “the Visa-Mastercard duopoly.”

As I and other journalists have reported previously, Visa and MasterCard in the crosshairs of this bill because of their control over credit card markets. The Merchants Payments Coalition (MPC) said last year that Visa and MasterCard control about 576 million credit cards. That equates to nearly 90 percent of credit and debit cards.

Looking at just the US a couple of years back, people lit up their credit and debit cards for $3.49 trillion in transactions in 2021. In the US, in 2021, the $3.49 trillion in transactions meant Visa and MasterCard collected $77.48 billion in swipe fees.

To combat what some lawmakers are calling a duopoly, the CCCA of 2023:

• requires credit cards issued by banks with more than $100 billion in assets to be routed through at least two unaffiliated networks;
• requires that the above banks create competition and allow smaller companies to compete in credit-card processing by offering a non-dominant network choice, also known as “dual routing”;
• and block networks that are “owned, operated, or sponsored by a foreign state entity” to strengthen national security.

A press release with a link to a one-pager can be found on Rep. Lofgren’s website here.

If you support the CCCA, you can let your lawmakers know by clicking this link.

Image: Avery Evans on Unsplash