Applies to: United States

US Debit Fees: Regulation II (Durbin)

Regulation II is a US federal rule. It caps the interchange on a debit card sale at 21 cents plus 0.05% of the sale, plus up to 1 cent for fraud prevention, for card issuers that, with their affiliates, hold $10 billion or more in assets. Smaller issuers are exempt. On a $50 sale, the cap is 24.5 cents.

By The RateCheckrr team · Reviewed by Zee, Founder

Last reviewed · First published

What Regulation II does

Regulation II is a rule from the Federal Reserve Board. The Fed’s own page calls it “Debit Card Interchange Fees and Routing”. It does two things:

  1. Caps debit interchange for large card issuers. Interchange is the fee your processor pays your customer’s bank on each card sale. The issuer is that bank.
  2. Sets routing rules, so each debit card can be processed over more than one network.

The Fed’s Regulation II FAQ refers to Section 920 of the Electronic Fund Transfer Act (EFTA). Law firm and banking press coverage of the rule, such as Cooley’s and the ABA Banking Journal’s, calls the law behind it the “Durbin Amendment”. The rule is in the US Code of Federal Regulations, 12 CFR Part 235.

The cap

12 CFR 235.3 says a covered issuer’s interchange fee must be “no more than the sum of— (1) 21 cents and; (2) 5 basis points multiplied by the value of the transaction.” Five basis points is 0.05%.

12 CFR 235.4 adds a fraud-prevention adjustment of “no more than 1 cent per transaction” for issuers that have fraud-prevention policies that meet the rule’s standards, and that tell their card networks each year that they comply.

Regulated and exempt issuers

12 CFR 235.5 exempts three groups from the cap:

  • Small issuers: an issuer that holds the account and, “together with its affiliates, has assets of less than $10 billion as of the end of the calendar year preceding” the sale. The rule says the Board publishes lists that can be used to check an issuer’s size. An issuer that grows past $10 billion must comply by July 1 of the next calendar year.
  • Government-administered programs: debit cards given under a federal, state or local government payment program.
  • Certain reloadable prepaid cards.

Visa’s US rate sheet uses the words “Regulated” and “Exempt” for these two groups:

Visa US debit, in personExempt Visa debitRegulated Visa debit
CPS/Retail, Debit0.80% + $0.150.05% + $0.21
CPS/Supermarket, Debit$0.300.05% + $0.21

Visa’s sheet adds: issuers “that certify to Visa their compliance with the interim fraud prevention standards will receive an additional US $0.01.”

What the Federal Reserve’s data shows

The Fed publishes the average debit interchange each year. For 2024, across all networks:

Covered transactionsExempt transactionsAll transactions
Share of the number of transactions60.7%39.3%—
Average sale$48.95$42.27$46.32
Average interchange per sale$0.23$0.51$0.34
Interchange as % of the average sale0.47%1.21%0.73%

The Fed says “covered transactions” are those on cards from issuers subject to the cap, other than exempt prepaid or government program cards. The Fed also notes that networks may offer several pricing programs, so the table “does not reflect what a particular issuer will earn”.

What it means for your bill

Interchange is one part of what you pay. Your processor adds its own fees. How a debit sale shows on your statement depends on your pricing:

More: What Is Interchange? and Per-Transaction Fees.

Debit routing choices

12 CFR 235.7 sets two rules for all issuers, large and small:

  • Two networks. An issuer or network may not restrict a debit card to fewer than “two unaffiliated networks.”
  • Merchant routing. An issuer or network may not “inhibit the ability of any person that accepts or honors debit cards for payments to direct the routing of electronic debit transactions” over any network the issuer has enabled.

The Fed’s overview says these rules apply to “all issuers and networks.” Your processor can say which networks your debit sales are routed over.

The court case and the 2023 proposal

Regulation II is being challenged in court. What the sources say, with their dates:

  • August 6, 2025, district court. In Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the US District Court for the District of North Dakota vacated (set aside) Regulation II. Cooley’s summary says the court concluded “the rule is contrary to law and the Federal Reserve exceeded its statutory authority.”
  • The cap stays in force for now. The same court stayed (paused) its own ruling while the case is appealed, “to prevent interchange transaction fees from becoming a completely unregulated market,” as Cooley and the ABA Banking Journal both quote it.
  • The appeal. The case is before the US Court of Appeals for the Eighth Circuit. On February 2, 2026, the ABA Banking Journal reported that the American Bankers Association filed a brief asking the Eighth Circuit to reverse the district court.
  • The 2023 proposal is not final. On October 25, 2023, the Federal Reserve Board “requested comment on a proposal to lower the maximum interchange fee that a large debit card issuer can receive.” Consumer Finance Monitor (August 14, 2025) lists the proposed numbers: 14.4 cents instead of 21 cents, 4.0 basis points instead of 5.0, and a fraud-prevention adjustment of 1.3 cents instead of 1.0 cent. It says: “This proposal was never finalized by the Board.” The Fed’s press release gives the effect on an average $50 sale: from 24.5 cents to 17.7 cents.

The rule text on eCFR, as of October 1, 2026, still sets 21 cents plus 0.05%. This page will be updated when the court cases or the rule change. The appeal’s outcome is not known.

Where to go from here

For the rest of US card processing, see card processing in the United States. On an interchange plus statement, card types are listed with their own interchange. Reading a US Merchant Statement shows where they sit, including the regulated and exempt debit lines.

Want a partner to review your statement? We will put you in touch. Start the free statement review.

Common questions

What is the debit interchange cap?

12 CFR 235.3 says a covered issuer's interchange fee may be no more than the sum of 21 cents and 5 basis points (0.05%) times the value of the sale. Under 235.4, an issuer that meets fraud-prevention standards may receive up to 1 cent more.

Which debit cards are exempt?

Under 12 CFR 235.5, cards from issuers that, together with their affiliates, had under $10 billion in assets at the end of the previous calendar year. Government-administered program cards and certain reloadable general-use prepaid cards are also exempt.

Does the cap apply to credit cards?

No. Regulation II covers electronic debit transactions. Visa's US rate sheet lists credit card interchange separately, such as 1.65% + $0.10 in person on a Traditional Rewards card.

Is the cap changing?

A proposal and a court case are both open. On October 25, 2023, the Federal Reserve Board proposed lowering the cap; Consumer Finance Monitor reported in August 2025 that the proposal was never finalized. On August 6, 2025, a North Dakota federal court vacated Regulation II in Corner Post v. Board of Governors, but stayed its ruling while the case is appealed to the Eighth Circuit. The rule text on eCFR, as of October 1, 2026, still sets 21 cents plus 0.05%.

Does Canada have a rule like this?

This page covers the US only. Interac debit in Canada has its own published interchange. See Interac Debit: How It Is Priced.

Sources

  1. eCFR: 12 CFR 235.3, Reasonable and proportional interchange transaction fees (checked )
  2. eCFR: 12 CFR 235.4, Fraud-prevention adjustment (checked )
  3. eCFR: 12 CFR 235.5, Exemptions (checked )
  4. eCFR: 12 CFR 235.7, Limitations on payment card restrictions (checked )
  5. Federal Reserve: Regulation II (Debit Card Interchange Fees and Routing) (checked )
  6. Federal Reserve: Regulation II, Average Debit Card Interchange Fee by Payment Card Network (checked )
  7. Federal Reserve press release, October 25, 2023: proposal to lower the maximum interchange fee (checked )
  8. Federal Reserve: Regulation II, Frequently Asked Questions (checked )
  9. Square US: pricing (checked )
  10. Cooley: District Court Vacates Regulation II's Debit Card Interchange Fee Standard (August 15, 2025) (checked )
  11. Consumer Finance Monitor (Ballard Spahr): Corner Post decision on Regulation II (August 14, 2025) (checked )
  12. ABA Banking Journal: ABA files amicus brief urging Eighth Circuit to reverse vacatur of Reg. II (February 2, 2026) (checked )
  13. Visa USA Interchange Reimbursement Fees, 18 April 2026 (PDF) (checked )

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