- Merchants claim the payments giant’s policies violate antitrust laws, restricting competition.
- Similar allegations against Visa and Mastercard led to the abandonment of rules restricting merchants by the end of 2013.
Merchants have sued American Express, accusing the company of charging excessive fees. The lawsuit claims that American Express’ policies limit competition and drive up costs for businesses and customers, Reuters reported.
Ten retail plaintiffs, ranging from delis to clothiers, have taken a stand against the financial giant, alleging overcharging on credit and debit card fees for consumer transactions. The lawsuit aims to challenge American Express’ policies, which the plaintiffs argue violate U.S. antitrust law by inhibiting competition.
At the center of the matter, American Express is accused of utilizing “non-discrimination provisions” to prevent merchants from incentivizing customers to use payment cards with lower transaction fees. By imposing such restrictions, the plaintiffs claim that American Express stifles competition, leading to higher costs for merchants and consumers.
According to the plaintiffs, American Express’ rules prevent merchants from encouraging customers to use cards with lower fees. The lawsuit argues that this hurts competition and leads to higher expenses.
See Related: American Express Annual Transactions Surpassed By Bitcoin
Allegations Against American Express
This legal action against American Express mirrors similar swipe-fee allegations brought against industry giants Visa and Mastercard. While Visa and Mastercard had abandoned rules restricting merchant steering by the end of 2013, American Express continues to enforce such provisions, according to the lawsuit.
The plaintiffs face hurdles in their quest for justice, particularly due to an arbitration clause between American Express and merchants. Despite initial attempts at arbitration, American Express refused to pay arbitration invoices, leading to the cases being administratively closed. This prompted the merchants to seek recourse in the federal court system.
