WASHINGTON – A federal judge lashed out Wednesday at the Federal Reserve for dragging its feet on his order to lower fees that financial institutions are allowed to charge on debit card transactions.
Judge Richard Leon ruled two weeks ago that the Fed inflated so-called "swipe fee" allowances far beyond the limits envisioned by Congress when it passed Wall Street reform laws in 2010. The Fed staff had recommended a fee limit of 12 cents per transaction, but the Fed board raised the amount to 21 cents.
In the days since his ruling, the judge clearly expected the Fed to make the swipe fee case a much higher priority than it did.
"They can come back from wherever they are on vacation" or schedule "a conference call," a clearly annoyed Leon said after a Fed lawyer told him she could not say how the board felt about lowering fees on an interim basis while working out final details.
"This is a large-scale matter that affects millions of people who lost billions of dollars," Leon said.
A coalition of trade groups representing retailers, restaurateurs, service station owners and convenience store operators sued after the new limits went into effect Oct. 1. 2011, saying the financial services lobby pressured the Fed into allowing higher fees than the law intended.
Leon agreed in very strongly worded opinion that represented victory for Minnesota-based retail giants Target Corp. and Best Buy, as well as the thousands of smaller state businesses that allow customers to pay with plastic.
He grew stern Wednesday when a Fed lawyer told him she could not speak for board members about interim fee limits or appeal plans and offered no explanation for why the board had not acted on his ruling.