NACS v. BOARD OF GOVERNORS OF FED. RESERVE SYS.

No. 13-5270.

746 F.3d 474 (2014)

NACS, formerly known as National Association of Convenience Stores, et al., Appellees v. BOARD OF GOVERNORS OF the FEDERAL RESERVE SYSTEM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 2014.


Attorney(s) appearing for the Case

Katherine H. Wheatley , Associate General Counsel, Board of Governors of the Federal Reserve System, argued the cause for appellant. With her on the briefs were Richard M. Ashton , Deputy General Counsel, Yvonne F. Mizusawa , Senior Counsel, and Joshua P. Chadwick , Counsel.

Seth P. Waxman argued the cause for amici curiae The Clearing House Association, L.L.C., et al. in support of neither party. With him on the brief were Albinas Prizgintas , Noah A. Levine , and Alan Schoenfeld.

Shannen W. Coffin argued the cause for appellees. With him on the brief was Linda C. Bailey.

Andrew G. Celli Jr. , Ilann M. Maazel , and O. Andrew F. Wilson were on the brief for amicus curiae The Retail Litigation Center, Inc. in support of appellees.

Jeffrey I. Shinder was on the brief for amici curiae 7-Eleven, Inc., et al. in support of appellees.

David A. Balto was on the brief for amicus curiae United States Senator Richard J. Durbin in support of appellees.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Combining features of credit cards and checks, debit cards have become not just the most popular noncash payment method in the United States but also a source of substantial revenue for banks and companies like Visa and MasterCard that own and operate debit card networks. In 2009 alone, debit card holders used their cards 37.6 billion times, completing transactions worth over $1.4 trillion and yielding...

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