Sen. Thom Tillis, R-N.C., speaking at Tuesday’s Judiciary Committee hearing, said an interchange bill is likely to pass in the next four years.

Representatives of Visa and Mastercard shared the hot seat during a Senate Judiciary Committee hearing Tuesday, but almost all the anger was directed at swipe fees that go to banks and credit unions.

And much of that anger came from Republicans who will control the Senate next year.

One slice of the anger came from Josh Hawley (R-Mo.) about high interest rates consumers pay on cards, which the Visa representative quietly reminded him was a bank thing.

Credit unions chained themselves to banks two years ago to oppose the Durbin-Marshall bill that would require card issuers to allow retailers to have their payments processed by a company other than Visa or Mastercard, which control about 80% of the business.

The idea is to lower the interchange fees merchants pay to banks and credit unions — typically 2% of a transaction. In credit union world, the provisions would directly apply to only Navy Federal Credit Union, but America’s Credit Unions has argued it would effectively drain an important source of non-interest income from all credit unions with credit cards.

Sen. Dick Durbin (D-Ill.) is the most recognizable sponsor of the bill, but his chairmanship of the Judiciary Committee will end when the new Congress convenes in January. The ranking Republican, Sen. Lindsey Graham of South Carolina, would be in position to take over as chair.

It might seem to some that a bill supported by consumer advocates would face certain death in the coming Republican government trifecta.

But as Carrie Hunt, America’s Credit Unions’ chief advocacy officer, said Monday, the interchange bill has Republican supporters and won’t be going away.

This fact was on full display in Tuesday’s hearing. The best opponents got was grumbling indifference to the fate of the credit card companies from Sens. Graham, John Kennedy (R-La.) and Thom Tillis (R-N.C.).

Tillis said he didn’t support the interchange bill, but he said if credit card companies don’t figure out a system that small retailers consider fair, a bill like Durbin-Marshall will pass if not in the coming Congress, then the next one.

“I don’t have many skills here,” Tillis said, “but counting votes and observing trends is one of them.”

And then there was Hawley’s passionate intensity.

Hawley, speaking in front of a massive chart labeled “credit card debt hits another record high,” said one of Trump’s best proposals during his presidential campaign was to impose an interest rate cap on credit cards. Hawley said Congress could both introduce competition to interchange fees and cap interest rates.

Hawley told the Visa and Mastercard representatives that with their control of more than 80% of the market and profit margins over 50%, “you are able to give the shaft to small businesses.”

“This is classic monopolistic behavior, yet your testimony here today is that you don’t want any competition,” he said. “And I’m just here to tell you, this will not stand.”

NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Jim DuPlessis

A journalist for decades.