I 
111TH CONGRESS 
1ST SESSION H. R. 2382 
To amend the Truth in Lending Act to prohibit unfair practices in electronic 
payment system networks, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2009 
Mr. WELCH (for himself, Mr. SHUSTER, Mr. BARROW, Mr. CARNEY, Mr. 
ELLISON, Mr. KAGEN, Ms. ZOE LOFGREN of California, and Mr. 
PLATTS) introduced the following bill; which was referred to the Com-
mittee on Financial Services 
A BILL 
To amend the Truth in Lending Act to prohibit unfair prac-
tices in electronic payment system networks, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Credit Card Inter-
change Fees Act of 2009’’. 
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SEC. 2. PROHIBITION ON CERTAIN UNFAIR CREDIT AND 
FUND TRANSFER PRACTICES. 
(a) IN GENERAL.—The Truth in Lending Act (15 
U.S.C. 1601 et seq.) is amended by adding at the end 
the following new chapter: 
‘‘CHAPTER 6—PROHIBITION ON UNFAIR 
PRACTICES IN ELECTRONIC PAYMENT 
SYSTEM NETWORKS 
‘‘Sec. 191. Definitions. 
‘‘Sec. 192. Additional charges on merchants and consumers for premium pay-
ment cards prohibited. 
‘‘Sec. 193. Certain creditor or credit card network-imposed restrictions on mer-
chants prohibited. 
‘‘Sec. 194. Fair and transparent transactions. 
‘‘Sec. 195. Enforcement. 
‘‘SEC. 191. DEFINITIONS. 
‘‘For purposes of this title, the following definitions 
shall apply: 
‘‘(1) CHARGE
CARD.—The term charge card 
has the same meaning as in section 127(c)(4)(E). 
‘‘(2) DEBIT
CARD.—The term ‘debit card’ 
means any card or other device issued by a financial 
institution (as defined in section 903(8)) to a con-
sumer for use in initiating electronic fund transfers 
(as defined in section 903(6)) from the account of 
the consumer at such financial institution for the 
purpose of transferring money between accounts or 
obtaining money, property, labor, or services. 
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‘‘(3) ELECTRONIC
PAYMENT
SYSTEM
NET-
WORK.—The term ‘electronic payment system net-
work’ means a network that provides, through li-
censed members, processors, or agents— 
‘‘(A) for the issuance of payment cards (by 
credit card issuers in the case of a credit card, 
charge card issuers in the case of a charge 
card, or financial institutions (as defined in sec-
tion 903(8)) in the case of debit cards) bearing 
any logo of the network; 
‘‘(B) the proprietary services and infra-
structure that route information and data to fa-
cilitate transaction authorization, clearance, and 
settlement that merchants must access in order 
to accept payment cards bearing any logo of the 
network as payment for goods and services; and 
‘‘(C) for the screening and acceptance of 
merchants into the network in order to allow 
such merchants to accept payment cards bear-
ing any logo of the network as payment for 
goods and services. 
‘‘(4) LICENSED MEMBER.—The term ‘licenced 
member’, in connection with any electronic payment 
system network, includes— 
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‘‘(A) any creditor or charge card issuer 
that is authorized to issue credit cards or 
charge cards bearing any logo of the network; 
‘‘(B) any financial institution (as defined 
in section 903(8)) that is authorized to issue 
debit cards to consumers who maintain ac-
counts at such institution; and 
‘‘(C) any person, including any financial 
institution, on occasion referred to as an 
‘acquirer’ that is authorized— 
‘‘(i) to screen and accept merchants 
into any program under which any pay-
ment card bearing any logo of such net-
work may be accepted by the merchant for 
payment for goods or services; 
‘‘(ii) to process transactions on behalf 
of any such merchant for payment; and 
‘‘(iii) to complete financial settlement 
of any such transaction on behalf of such 
merchant. 
‘‘(5) MERCHANT.—The term ‘merchant’ means 
any person in the business of selling or providing 
any good or service for consideration. 
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‘‘(6) PAYMENT
CARD.—The term ‘payment 
card’ means a credit card, a charge card, or a debit 
card. 
‘‘SEC. 192. ADDITIONAL CHARGES ON MERCHANTS AND 
CONSUMERS FOR PREMIUM PAYMENT CARDS 
PROHIBITED. 
‘‘(a) IN GENERAL.—An electronic payment system 
network may not, directly or through any agent, processor, 
or licensed member of the network, require or permit any 
merchant to pay any interchange, processing, or other fee 
in connection with any payment card transaction initiated 
through a premium payment card in any amount in excess 
of the amount of any such interchange, processing, or 
other fee that would be imposed in connection with such 
payment card transactions if initiated through a nonpre-
mium payment card. 
‘‘(b) PREMIUM DEFINITION.—For purposes of sub-
section (a), the following definitions shall apply: 
‘‘(1) PREMIUM
PAYMENT
CARD.—The term 
‘premium payment card’ means a payment card that 
provides rewards or other cardholder benefits or 
services for the use of the card other than those ben-
efits offered to any customer within the electronic 
payment system network. 
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‘‘(2) NONPREMIUM PAYMENT CARD.—The term 
‘nonpremium payment card’ means a payment card 
bearing any logo of an electronic payment system 
network that is not a premium payment card. 
‘‘SEC. 193. CERTAIN CREDITOR OR CREDIT CARD NET-
WORK-IMPOSED 
RESTRICTIONS 
ON 
MER-
CHANTS PROHIBITED. 
‘‘(a) PRICING DISPLAY RESTRICTIONS.—With re-
spect to any credit card which may be used for extensions 
of credit through an electronic payment system network 
in connection with sales transactions in which the mer-
chant is a person other than the card issuer, the electronic 
payment system network may not, directly or through any 
agent, processor, or licensed member of the network, by 
contract, or otherwise, restrict the merchant’s discretion 
as to how to display or advertise the merchant’s prices. 
‘‘(b) HONOR ALL CARDS RULE.—An electronic pay-
ment system network may not, directly or through any 
agent, processor, or licensed member of the network, pro-
hibit any merchant that otherwise accepts payment cards 
bearing any logo of the network from refusing to accept 
any particular type of card due to its cost, except that 
the seller may be prohibited from refusing to accept a pay-
ment card issued by a particular creditor or financial insti-
tution without respect to any cost differences. 
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‘‘(c) STEERING CONSUMERS.—An electronic payment 
system network may not, directly or through any agent, 
processor, or licensed member of the network, by contract, 
or otherwise, inhibit the ability of any merchant to direct 
consumers to the merchant’s preferred form of payment. 
‘‘(d) SINGLE ENTITY RULE.—An electronic payment 
system network may not, directly or through any agent, 
processor, or licensed member of the network, by contract, 
or otherwise, require any merchant to accept payment 
cards at 1 or more business locations in order to be able 
to accept payment cards at another business location. 
‘‘(e) CHARGEBACKS FOR TRANSACTIONS ON CERTAIN 
POS TERMINALS
THAT
EXCEED
THE
ALLOWABLE 
AMOUNT ON SUCH DEVICES.—An electronic payment sys-
tem network may not, directly or through any agent, proc-
essor, or licensed member of the network, by contract, or 
otherwise, allow or require a chargeback to any merchant 
for any payment involving any payment and transfer initi-
ated by the consumer at a point-of-sale terminal operated 
by the merchant on the basis that the amount of the trans-
action exceeded any preauthorized or predetermined 
amount for such terminal. 
‘‘(f) MERCHANTS PERMITTED TO ESTABLISH MIN-
IMUM OR MAXIMUM AMOUNTS FOR PAYMENT BY PAY-
MENT CARDS.—An electronic payment system network 
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or deceptive to consumers and merchants and 
are not anticompetitive; and 
‘‘(B) prohibit any unfair or deceptive act 
or practice or anticompetitive act or practice 
that may otherwise be permitted under or result 
from any rule, term, or condition described in 
subparagraph (A); and 
‘‘(2) regularly review all of the rules, terms, and 
conditions described in paragraph (1)(A) established 
by each electronic payment system network, or any 
agent, processor, or licensed member of the network. 
‘‘(c) INTERCHANGE AND OTHER FEES.— 
‘‘(1) COLLECTION AND DISSEMINATION OF IN-
FORMATION.—The Board shall collect, publish, and 
disseminate to the public— 
‘‘(A) complete information on the inter-
change, processing and other fees charged by 
each electronic payment system network, or any 
agent, processor, or licensed member of the net-
work, in connection with any aspect of trans-
actions initiated by consumers using payment 
cards bearing any logo of such network, includ-
ing fees imposed by the payment card issuer in 
connection with any such transaction; and 
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‘‘(B) all of the rules, terms, and conditions 
to which a merchant or a consumer is subject 
under an agreement with an electronic payment 
system network, or any agent, processor, or li-
censed member of the network, directly or indi-
rectly by contract or through a licensing ar-
rangement for transactions indicated by con-
sumers using payment cards bearing any logo 
of such network. 
‘‘(2) REGULATIONS.—For purposes of this sub-
section, the Board may prescribe regulations and 
issue orders requiring any electronic payment system 
network, and any agent, processor, or licensed mem-
ber of any such network, to submit any information, 
including rules, agreements, and contracts, that the 
Board determines to be necessary or appropriate for 
the Board to meet the requirements of paragraph 
(1). 
‘‘SEC. 195. ENFORCEMENT. 
‘‘Subsections (a), (b), and (h) of section 130 shall be 
applied for purposes of this chapter by substituting the 
term ‘an electronic payment system network, or any agent, 
processor, or licensed member of any such network’ for 
‘creditor’ each place such term appears in such sub-
sections.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 127(a) of the Truth in Lending Act 
(U.S.C. 1637(a)) is amended by inserting after 
paragraph (8) the following new paragraph: 
‘‘(9) In the case of any account under which a 
credit card issued in connection with the account 
bears the logo of any electronic payment system net-
work, the amounts of any fees charged by the net-
work, or any agent, processor, or licensed member of 
the network, in connection with any aspect of trans-
actions initiated by the consumers using such credit 
card, including any interchange, processing, or other 
fees.’’. 
(2) Section 127(b) of the Truth in Lending Act 
(U.S.C. 1637(b)) is amended by adding at the end 
the following new paragraph: 
‘‘(13) In the case of any account under which 
a credit card issued in connection with the account 
bears the logo of any electronic payment system net-
work, if any fee was charged by the network, or any 
agent, processor, or licensed member of the network, 
in connection with any aspect of a transaction which 
resulted in an extension of credit reported on such 
statement, the amount of such fee, including any 
interchange, processing, or other fee.’’. 
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(3) Section 127(c)(1)(A) of the Truth in Lend-
ing Act (U.S.C. 1637(c)(1)(A)) is amended by add-
ing at the end the following new clause: 
‘‘(v) 
INTERCHANGE
AND
OTHER 
FEES.—In the case of an application or so-
licitation to open an account under which 
a credit card issued in connection with the 
account would bear the logo of any elec-
tronic 
payment 
system 
network, 
the 
amounts of any fees charged by the net-
work, or any agent, processor, or licensed 
member of the network, in connection with 
any aspect of any transaction initiated by 
the consumer using such credit card, in-
cluding any interchange, processing, or 
other fees.’’. 
(4) Section 127(c)(4)(A) of the Truth in Lend-
ing Act (U.S.C. 1637(c)(4)(A)) is amended by add-
ing at the end the following new clause: 
‘‘(iv) In the case of an application or 
solicitation to open an account under 
which a charge card issued in connection 
with the account would bear the logo of 
any electronic payment system network, 
the amounts of any fees charged by the 
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network, or any agent, processor, or li-
censed member of the network, in connec-
tion with any aspect of transactions initi-
ated by the consumer using such charge 
card, including any interchange, proc-
essing, or other fees.’’. 
(5) Section 130(a) of the Truth in Lending Act 
(U.S.C. 1640(a)) is amended by striking ‘‘chapter 4 
or 5’’ and inserting ‘‘chapter 4, 5, or 6’’. 
(6) Section 130(b) of the Truth in Lending Act 
(U.S.C. 1640(b)) is amended by inserting ‘‘or 6’’ 
after ‘‘chapter 5’’. 
(7) Section 130(g) of the Truth in Lending Act 
(U.S.C. 1640(g)) is amended by striking ‘‘chapter 4 
or 5’’ and inserting ‘‘chapter 4, 5, or 6’’. 
(8) Section 906(c) of the Electronic Fund 
Transfer Act (U.S.C. 1693d(c)) is amended— 
(A) in paragraph (3), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) in the case of an account under which an 
electronic fund transfer may be initiated by the con-
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sumer by means of any card or other device issued 
by the financial institution which bears the logo of 
any electronic payment system network, if any fee 
was charged by the network, or any agent, proc-
essor, or licensed member of the network, in connec-
tion with any aspect of a transaction which resulted 
in an electronic fund transfer reported on such 
statement, the amount of such fee, including any 
interchange, processing, or other fee.’’. 
(c) CLERICAL AMENDMENT.—The table of chapters 
for the Truth in Lending Act is amended by inserting 
after the item relating to chapter 5 the following new item: 
‘‘6. PROHIBITION ON UNFAIR PRACTICES IN ELECTRONIC PAYMENT SYSTEM 
NETWORKS......................................................................................................191’’. 
Æ 
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