Corner Post, Inc. v. Federal Reserve
Legal Brief
Eighth Circuit Court of Appeals
Date: February 20, 2026
RLC’s Position: The RLC brief was in support of a challenge to the Federal Reserve’s Regulation II (Reg. II), which governs the debit interchange fees issuer-banks may charge. The key issue in the case is whether Reg. II’s inclusion of certain costs in setting the cap on debit interchange fees exceeded its statutory authority under Durbin Amendment. Our brief argues that the inclusion of certain costs in calculating a fee standard within Reg. II exceeds the Board’s statutory authority. It further explains how the inclusion of these prohibited fees has adversely impacted retailers by requiring them to pay billions of dollars in inflated fees.
Coalition: The RLC was joined by: FMI, Food Industry Association; Merchant Advisory Group; National Association of Convenience Stores; National Federation of Independent Business Small Business Legal Center, Inc.; Restaurant Law Center; Arkansas Retailers Association; Iowa Retail Federation; Kentucky Retail Federation; Michigan Retailers Association; Minnesota Retailers Association; and Missouri Retailers Association.
Counsel: Adam Unikowsky and Krister Rasmussen of Jenner & Block drafted the brief.
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