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Eighth Circuit to receive Regulation II interchange fee case after Fed appeal

October 10, 2025

On October 6, the Fed filed a notice of appeal in the U.S. District Court for the District of North Dakota in connection with the court’s ruling that struck down Regulation II’s standard for setting debit card interchange fees. As previously covered by InfoBytes, the federal court granted summary judgment to the plaintiffs, a group of North Dakota retail trade associations and a truck stop, who alleged the Fed exceeded its statutory authority under the Durbin Amendment to the Dodd–Frank Act to set interchange fees that are “reasonable and proportional to the cost incurred by the issuer.”