(a) Prohibition of circumvention or evasion. No person shall circumvent
or evade the interchange transaction fee restrictions in sections
235.3 and 235.4.
(b) Prohibition
of net compensation. An issuer may not receive net compensation
from a payment card network with respect to electronic debit transactions
or debit card-related activities within a calendar year. Net compensation
occurs when the total amount of payments or incentives received by
an issuer from a payment card network with respect to electronic debit
transactions or debit card-related activities, other than interchange
transaction fees passed through to the issuer by the network, during
a calendar year exceeds the total amount of all fees paid by the issuer
to the network with respect to electronic debit transactions or debit
card-related activities during that calendar year. Payments and incentives
paid by a network to an issuer, and fees paid by an issuer to a network,
with respect to electronic debit transactions or debit card related
activities are not limited to volume-based or transaction-specific
payments, incentives, or fees, but also include other payments, incentives
or fees related to an issuer’s provision of debit card services.
