A group of retail merchants will ask the Supreme Court to take up a case involving Federal Reserve rules that allow banks to charge debit card "swipe fees" that retailers view as too high, an attorney for the merchants said on Monday, according to Reuters.
"Given how extensive these fees are and how they affect virtually every transaction that takes place in the United States... it's a serious case that the Supreme Court ought to hear," said Doug Kantor, an attorney with Steptoe & Johnson in Washington who represents the retailers, Reuters reported.
Fed spokeswoman Barbara Hagenbaugh said the Fed was aware of the retailers' decision and would work on a response, according to Reuters.
Businesses pay the fees, also known as interchange fees, to banks when customers use debit cards to purchase goods or services, Reuters reported.
The fees are set by Visa and MasterCard and reimburse banks for costs involved in providing the cards, according to Reuters.
The 2010 Dodd-Frank law called for the Fed to cap the fees, which were about 44 cents per transaction at the time, Reuters reported.
Retailers had argued the fees were too high and led to higher prices for consumers, according to Reuters.
The Fed in 2011 limited swipe fees to 21 cents per transaction, but retailers said the law intended the cap to be even lower, Reuters reported.
The National Retail Federation, whose members include Wal-Mart and JCPenney, the National Restaurant Association, and other groups, sued the Fed in 2011, according to Reuters.
A court sided with the retailers in July 2013. Then, the Fed appealed, and a three-judge appeals panel in March reversed the lower court's decision and upheld the Fed's rules, Reuters reported.
The retailers had the option of appealing to the full appellate court or directly to the Supreme Court, according to Reuters. The court now will decide whether or not to hear the case.
