Supreme Court Allows Swipe-Fee Lawsuit in Blow to Regulators

  • Suit challenges 2011 rule on charges banks impose on merchants
  • Case hinged on statute of limitations on challenging new rules

A customer taps a credit card at a self-service checkout kiosk.

Photographer: Brent Lewin/Bloomberg
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The US Supreme Court dealt a fresh blow to the authority of federal agencies, ruling in a case over debit-card swipe fees that some regulations can be challenged a decade or more after they were enacted.

Voting 6-3 along ideological lines, the justices said a North Dakota convenience store and truck stop can sue over a 2011 rule governing the charges that banks impose on merchants. The majority said a six-year statute of limitations doesn’t bar the suit because the business didn’t open until 2018.