Local weather at weather.gov

Truck Stops · North Dakota ·

North Dakota Truck Stop Wins Appeal Over Debit Card Fees, a Ruling of Interest to Truckers

A trucker walks from a white semi toward a truck stop store beside the fuel island at dusk
Illustration for this story. Not a photo of a specific location.

A small truck stop in Watford City, North Dakota, has won again in its fight with the Federal Reserve over debit card fees. A three-judge panel of the U.S. Court of Appeals for the 8th Circuit unanimously agreed on Monday, Oct. 26, with a North Dakota judge's finding that the Federal Reserve Board of Governors regulated the fees in a way that unfairly favored banks, and said the board must rewrite its rule, the North Dakota Monitor reported. The truck stop and convenience store is called Corner Post.

What the fees are

The fees apply every time someone makes a debit card purchase and are meant to pay banks for processing the transactions. Corner Post says in court records that it has paid hundreds of thousands of dollars in these fees to banks. The Federal Reserve began regulating the fees after Congress passed the Durbin Amendment in 2010.

What the court said

The appeals court agreed with the district court that the Board's 2011 rule did not carry out the law as Congress intended. Under the amendment, the fees should only reimburse banks for costs related to processing the transactions. The board's rule also allows the fees to cover other expenses, such as labor, technology infrastructure and fraud prevention. The courts also found the rule lets banks add a blanket charge on all transactions regardless of cost, though the law calls for fees that are "reasonable and proportional."

The 8th Circuit wrote that the board was "ignoring what it was supposed to consider and considering what it was supposed to ignore."

What the Federal Reserve says

The board has argued it followed the plain language of the law and that making fees proportional to each transaction would be too complicated. It declined to comment on Tuesday and has not said whether it will ask the U.S. Supreme Court to take the case. The ruling will not take effect until the board has an opportunity to appeal further.

How the case got here

The case was first filed in 2021 by the North Dakota Retail Association and the North Dakota Petroleum Marketers Association. Corner Post, which opened in 2018, joined later. A judge first tossed the case because the six-year statute of limitations had expired, but in 2024 the U.S. Supreme Court ruled that the clock does not start until a plaintiff is first harmed by a rule, which kept the case alive.

Why it reaches truckers

Truck stops and fuel stops take card payments all day, and the cost of accepting them is part of running the business. Big Rig Daily has more on fuel costs in its report on diesel at $6.352 and the forecast through 2027 and a guide to the best truck stop chains. The reports reviewed did not say how any rule change would affect prices at the pump.

Quick facts

FAQ

What did the 8th Circuit decide in the Corner Post debit card fee case?

It unanimously upheld a district judge's ruling that the Federal Reserve Board's 2011 rule favored banks, and said the board must rewrite it.

Does the Corner Post debit fee ruling take effect now?

No. It will not take effect until the board has an opportunity to appeal further.

Will the Federal Reserve appeal the Corner Post ruling?

The board declined to comment and has not said whether it will go to the U.S. Supreme Court.

A question for readers

Should a truck stop pay the banks a fee every time a customer buys fuel with a debit card?

Save this story for later

A trucker walks from a white semi toward a truck stop store beside the fuel island at dusk

Sources