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Wal-Mart Sues Visa For $5 Billion For Rigging Card Swipe Fees

Hugh Pickens DOT Com writes: "Reuters reports that Wal-Mart has sued Visa for $5 billion, accusing the credit and debit card network of excessively high card swipe fees. Wal-mart is seeking damages from price fixing and other antitrust violations that it claims took place between January 1, 2004 and November 27, 2012. In its lawsuit, Wal-Mart contends that Visa, in concert with banks, sought to prevent retailers from protecting themselves against those swipe fees, eventually hurting sales. 'The anticompetitive conduct of Visa and the banks forced Wal-Mart to raise retail prices paid by its customers and/or reduce retail services provided to its customers as a means of offsetting some of the artificially inflated interchange fees,' says Wal-Mart in court documents. 'As a result, Wal-Mart's retail sales were below what they would have been otherwise.' Interchange fees, the industry term for card-swipe fees, have been a major point of contention between retailers and banks. The fees are set by Visa and other card networks and collected by card-issuing banks like J.P. Morgan Chase & Co. Retailers have argued that the fees had been set too high due to a lack of competition with the two payment industry giants.

Wal-Mart also took a shot against Visa over payment card security. Data breaches last year at Target Corp., Neiman Marcus and others have drawn attention to the country's slow adoption of card technology that uses computer chips and PIN numbers and is seen as less susceptible to fraud than the current system of magnetic stripes. 'Wal-Mart was further harmed by anti-innovation conduct on the part of Visa and the banks,' says the lawsuit, 'such as perpetuating the use of fraud-prone magnetic stripe system in the U.S. and the continued use of signature authentication despite knowledge that PIN authentication is more secure, a fact Visa has acknowledged repeatedly.'"

34 of 455 comments (clear)

  1. Walmart employees, rejoice! by K.+S.+Kyosuke · · Score: 5, Funny

    Because if Walmart wins, they will surely use the money to raise your meager wages instead of buying the CEO a new yacht.

    --
    Ezekiel 23:20
    1. Re:Walmart employees, rejoice! by CajunArson · · Score: 5, Interesting

      Bitch about Walmart employees all you want, but if you want to see a perfect model of a *NON* flashy HQ and *NON* flashy executives who practice what they preach, then Walmart is a perfect example of how to do things.

      --
      AntiFA: An abbreviation for Anti First Amendment.
    2. Re:Walmart employees, rejoice! by Charliemopps · · Score: 5, Insightful

      I know everyone likes to hammer on Walmart, but the fact of the matter is I know plenty of people that work at walmart. They have low wage jobs that are typically taken by teenagers and college students but then they have long term employment as well. My aunt started there with no prior experience 30 years ago and made enough to buy a 2 story house and put all of her kids through college as a single mom. Her oldest daughter got a full scholarship from walmart and is now a school teacher. Walmart paid for all of her tuition, her housing and just about all of her expenses. My bests friends wife worked at walmart for 10 years and learned accounting. She now works for the veterans bureau and swears she'd never have gotten the experience required to work there without walmart.

      I'm not saying that walmart doesn't have it's problems. But any company that size would. They are not the big bad evil company everyone makes them out to be.

    3. Re:Walmart employees, rejoice! by alen · · Score: 5, Interesting

      yeah, meanwhile all the heroic family owned businesses in NYC are fighting a new proposed law to give employees at any business with more than 5 employees 5 paid sick days per year separate from vacation days

      and i hear they all offer at least some health, pension benefits and the ability to be promoted into management of the family business

    4. Re:Walmart employees, rejoice! by Dcnjoe60 · · Score: 5, Informative

      yeah, meanwhile all the heroic family owned businesses in NYC are fighting a new proposed law to give employees at any business with more than 5 employees 5 paid sick days per year separate from vacation days

      and i hear they all offer at least some health, pension benefits and the ability to be promoted into management of the family business

      Walmart is no longer a family owned business. It is one of the worlds largest publicly traded companies. It's been a long time since Sam Walton and his values ran Walmart. As for benefits, they have been charged, repeatedly, about how they intentionally hold rank and file employees below the hours needed to qualify for benefits. So, if they have those great benefits that you list, it's not for the majority of the employees of the largest employer in the US.

    5. Re:Walmart employees, rejoice! by realityimpaired · · Score: 5, Insightful

      Walmart? The retail chain that pays its employees such a low wage that they can't even afford to shop at Walmart, and deliberately cuts back on their employees' hours to avoid having to pay benefits? *this* is the company you hold up as the model of how to run a business?

      http://jobs.aol.com/articles/2...

      If Walmart is a paragon, what the hell does that make Costco?

    6. Re:Walmart employees, rejoice! by Anonymous Coward · · Score: 5, Insightful

      Small businesses are very very different from large businesses. Most of them are barely scraping by and can not afford to pay somebody to "not work". Every business model is different and in terms of revenue generating vs business support employees the cost varies greatly when people are out.

      I want you to imagine your paycheck, right now, whatever it is. Now imagine paying somebody else's paycheck out of that. Now imagine being told that you have to do that even when they call in sick at the last minute. You've just been inside what it's like to run a small business. My wife and I lived on minimum wage for 3 years to make sure we could make payroll every month while starting the business. She now employees 20 people, with vacation time, sick days and benefits and makes about 30% more than she would have if she just went to work for somebody else...without all of the constant risk of bankruptcy. It will now take about 10 years of this income level to make up what we lost (in salary alone) just starting the business in the first place and that's not including the cash investment, which was significant.

      But please, tell me again why every business should have to compensate everybody exactly the same. Running a small business is incredibly difficult. Starting one is even harder. 9 out of 10 small businesses fail from LACK of capital. Don't make this more difficult.

      If the benefits offered by your employer aren't good enough for you, go somewhere that has the benefits you deserve.

    7. Re:Walmart employees, rejoice! by ottothecow · · Score: 4, Informative
      While the practice isn't so nice, it's not exactly walmart's fault that this is the best way to get cheap labor.

      Tying benefits to employment is stupid (especially with how often people are changing jobs these days). If everybody bought health insurance on their own (or had it provided by the government), then walmart wouldn't see a cost savings by hiring 2 people to work 20-30 hours instead of one to work 40-60, in fact they would probably see a savings since training costs would be reduced, turnover might be reduced (people will stop ditching the PT job as soon as they find something FT), and you might end up with a more effective employee.

      IIRC, this essentially came as an unintended consequence of some government wage controls during/following the war. Companies couldn't raise wages to attract talent, so they started offering non-wage benefits. Now it is standard for it to come from your employer, while people buying their own insurance get screwed by high prices. Hard to break free of that system though...everybody expects the benefit, and it costs the company less to provide the benefit than they would have to pay you extra to afford your own insurance. So skilled/in demand workers keep getting their benefits, while the easily replaceable laborers get 30 hour work weeks.

      --
      Bottles.
    8. Re:Walmart employees, rejoice! by mspohr · · Score: 4, Interesting

      The Walton family still has control of the company, owning just more than half of its shares.
      The Walton family has more wealth than the entire bottom 42% of the US population. http://www.politifact.com/trut...
      They have the control and the wealth. They could pay their employees a living wage and give them decent benefits but it is cheaper to put them on food stamps and Medicaid and have the taxpayer subsidize their employees... this leaves more money for the Waltons.

      --
      I don't read your sig. Why are you reading mine?
    9. Re:Walmart employees, rejoice! by Jawnn · · Score: 5, Insightful

      Bitch about Walmart employees all you want...

      Fine. I will, because I don't give a shit about superficial things like the CEO's office or the car he drives. Walmart is a parasite on virtually every community in which they operate. Not only are their wages too low for their employees to actually live on, they actively promote the subscription to government services (welfare) by those employees. Privatize the profits and socialize the expenses, and then get some gullible apologist to talk about how "humbler" Walmart's leadership is.

  2. Clash of the Titans by NotDrWho · · Score: 5, Funny

    When one huge evil corporation attacks on another huge evil corporation for being evil, does it cause a rip in space time?

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
    1. Re:Clash of the Titans by rst123 · · Score: 5, Funny

      I don't know about a rip in space time, but walmart's popcorn sales should go up.

  3. It's about time by egarland · · Score: 4, Insightful

    This is, and has long been, a huge ripoff. I'm rather sure that Walmart doesn't pay the full 3% that Visa/MasterCard like to charge for transactions, but when you look at the overhead of transactions in the cryptocurrency markets, you can see how ridiculously overpriced the credit card transactions are. The costs here are near 0, and so should the charges be, but the system is carefully crafted to avoid competition, and that's illegal.

    --
    set softtabstop=4 shiftwidth=4 expandtab nocp worlddomination
  4. Customers may benefit... maybe by sjbe · · Score: 5, Insightful

    Because if Walmart wins, they will surely use the money to raise your meager wages instead of buying the CEO a new yacht.

    Raise wages? Probably not. Lower prices? Very possibly. Walmart competes primarily on price so anything they can do to lower costs tends to get at least partially passed on to customers in order to keep their competitive advantage. A lot of companies would pocket the savings but in this particular instance it might actually end up benefiting customers.

    Plus Walmart beating up Visa on price is almost certainly going to benefit consumers in the long run and Walmart is big enough to actually succeed. The cost of credit card swipe fees gets rolled into the prices we pay for products so if they get lowered at least some of that money will flow through to us as end customers. Not all of course but definitely some.

    1. Re:Customers may benefit... maybe by Fulminata · · Score: 5, Interesting

      Wal-Mart competes primarily on the illusion of price through loss leaders on a minority of items. The majority of their stock is actually the same or more expensive than many of their competitors. The company's actual strengths are logistics and marketing.

    2. Re:Customers may benefit... maybe by K.+S.+Kyosuke · · Score: 4, Insightful

      Raise wages? Probably not. Lower prices? Very possibly. Walmart competes primarily on price so anything they can do to lower costs tends to get at least partially passed on to customers in order to keep their competitive advantage. A lot of companies would pocket the savings but in this particular instance it might actually end up benefiting customers.

      I get your point, but I can't wonder how anyone could possibly swallow their "You made our customers poorer, now compensate it by paying damages to us!" with straight face. Not being a US resident, I'll be the first to admit that my awareness of legal happenings in the US is strictly limited, but I was always under the impression that Americans mostly opt for a what is usually called a class action lawsuit whenever something like this becomes public knowledge. The fact that the damages should go to what amounts to a third party is incomprehensible to me.

      --
      Ezekiel 23:20
    3. Re:Customers may benefit... maybe by MightyYar · · Score: 5, Insightful

      I'd add that they also maintain this illusion by sometimes (often?) selling similar-but-inferior products. For instance, a vacuum that is identical to a top-rated cordless vacuum, but with a smaller motor and battery. If you run through there with a bar code scanner on your phone you can see just how many of the products are actually different than the ones available through Amazon and friends.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    4. Re:Customers may benefit... maybe by ShanghaiBill · · Score: 4, Interesting

      Wal-Mart competes primarily on the illusion of price through loss leaders on a minority of items. The majority of their stock is actually the same or more expensive than many of their competitors.

      Citation? There is a Safeway, Lucky's, and Wal-Mart equidistant from my house. I went to all three and priced out a typical cart of groceries, and Wal-Mart was significantly cheaper on EVERY SINGLE ITEM. Overall, I save about 20% by shopping there.

    5. Re:Customers may benefit... maybe by sjbe · · Score: 5, Informative

      Wal-Mart competes primarily on the illusion of price through loss leaders on a minority of items.

      There is a huge amount of publicly available research that proves that what you claim is not true. On a randomly chosen basket of goods, Walmart most of the time is the lowest price option. Not always but often enough that statistically speaking they have an advantage. They built their entire business model on low prices and the systems required to support them. Their lead is not huge but it definitely is there. The primary reason companies like Kmart have had so much trouble is that they are competing on price with Walmart when Walmart's prices are lower and pretty much everyone knows it.

      The company's actual strengths are logistics and marketing.

      Logistics yes, marketing no. Logistics is only an advantage in retail if you can lower costs and thus prices as a result. And marketing? Nobody is dazzled by Walmart's marketing. People go there because they sell stuff for cheap prices. It's certainly not for the shopping experience. Walmart demonstrably competes on price and always has. They also have the advantage of having a lot of their stores in small towns where there really isn't room for a competitor to come in and displace them. Their scale allows them to negotiate prices in a pretty brutal fashion with suppliers. I have close friends whose job it is to sell to Walmart and it isn't a fun experience. They take some pretty significant measures to keep costs low because their ability to keep their advantage is entirely rooted in price.

    6. Re:Customers may benefit... maybe by Dcnjoe60 · · Score: 4, Insightful

      ...lower costs tends to get at least partially passed on to customers...

      Including my taxes to cover their worker's government assistance.

      ...might actually end up benefiting customers.

      You shouldn't have to do either. Walmart could pay a just wage. Of course that would lower dividends paid to shareholders. So, think of paying higher taxes because many Walmart workers needing assistance as another government transfer payment - from you to Walmart's shareholders.

      I'd rather pay more up front and have my taxes be put to better use elsewhere. Pay them a living wage already, FFS.

    7. Re:Customers may benefit... maybe by Dcnjoe60 · · Score: 5, Informative

      I'd add that they also maintain this illusion by sometimes (often?) selling similar-but-inferior products. For instance, a vacuum that is identical to a top-rated cordless vacuum, but with a smaller motor and battery. If you run through there with a bar code scanner on your phone you can see just how many of the products are actually different than the ones available through Amazon and friends.

      They are notorious for advertising they will meet any advertised price for the same product. The problem is that many of their products, while similar, are only a model that Walmart sells, at least in electronics.

    8. Re:Customers may benefit... maybe by ShanghaiBill · · Score: 4, Interesting

      Citation here:http://www.businessinsider.com...

      If you drill down to the actual study, what they found was that Target was cheaper than Wal-Mart by 0.46% for ONE MONTH. The preceding months, Wal-Mart had been cheaper by over 2%. So this was apparently a blip caused by some one-off sales at Target.

    9. Re:Customers may benefit... maybe by ComputerGeek01 · · Score: 4, Insightful

      You're only seeing the face value here, what is interesting is that Visa is being sued for price collusion by an entity that is large enough to follow through with the action. The ideal end result of lower swipe fees for merchants would benefit every business across the board. The only significance of the $5 billion number is that it says Walmart is serious about this and it is not going to settle this out of court, if they had picked a reasonable number Visa would have just payed the money and told them to go away. The goal here is not simply to get the money, it's to lower the fees.

    10. Re:Customers may benefit... maybe by Phreakiture · · Score: 5, Interesting

      Aldi is also a very interesting case study in store efficiency.

      Most of their stores that I have seen have four aisles. Coming in the door dumps you into aisle 1. Most traffic in aisles 1 and 3 is heading to the back of the store and most in aisles 2 and 4 is heading to the front.

      Every one of the store products has at least two copies of the barcode on the package, and many times more than two. In one extreme case, I saw a barcode turned into package decoration by wrapping it all the way around the bag.

      Of course, that last one wouldn't work well if things double-scanned, so the cash registers have a duplicate code lockout on them, and the cashiers are trained to group and count, and use the '@' button on their cash registers.

      Checkout lanes have very long conveyor belts on them so that 2-3 customers can be unloading their carts at once without getting in each others' way.

      Cashiers sit, rather than stand, in order to lower fatigue and improve productivity.

      The till is arranged like a vertical file with a lid that pops open in front of the scanner. This is because, with the cashier seated, a cash drawer would collide with him/her requiring him/her to move his/her seat to slide it all the way open. It pops open driven by a spring at the appropriate moment in the transaction, and closes with less effort than a cash drawer, again, reducing fatigue.

      Oh, and last but not least, staff are actually paid decently.

      --
      www.wavefront-av.com
    11. Re:Customers may benefit... maybe by ShanghaiBill · · Score: 4, Insightful

      IF the government would raise the minimum wage to a 'living' level then we'd see a slow move away from food stamps.

      Unlikely. Raising the minimum wage would result in more automation, more outsourcing, and higher unemployment. Most people on food stamps have at least one household adult that is unemployed or underemployed. Young black men have an unemployment rate of 40%. The problem is not "low wages" but "lack of entry level jobs". It is unrealistic to expect an unskilled and poorly educated young man with no work history to compete for a $15/hour job. He isn't going to get it. Instead, he needs an $8/hour job to gain some experience, and learn some basic job skills, like showing up on time and dressing appropriately. Then he can move up. But that won't happen in you remove the bottom rung from the ladder.

  5. Re:Bitcoin by CastrTroy · · Score: 4, Interesting

    Bitcoin might be a bit extreme, as most of their customers have no idea what it is, but why not encourage customers to use cash then? Make some checkout lines cash only. If you want to pay with Visa, you get the slow line. Give customers a cash discount. Visa tries to make people not pay extra for using their card, but I've seen plenty of businesses get around the rules by offering cash discounts.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  6. Wal-Mart vs. Visa by JDG1980 · · Score: 4, Funny

    Is there any way they can both lose?

  7. Cost of transaction processing by sjbe · · Score: 5, Interesting

    I'm rather sure that Walmart doesn't pay the full 3% that Visa/MasterCard like to charge for transactions

    No, they don't in a lot of cases but the amount they do pay is VERY substantial. We're literally talking about billions of dollars here no matter what exact amount Walmart pays.

    but when you look at the overhead of transactions in the cryptocurrency markets, you can see how ridiculously overpriced the credit card transactions are. The costs here are near 0, and so should the charges be

    The cost of credit card transactions are nowhere near zero. Transaction processing in any form is not cheap, even at high volumes. There are significant costs for both on the front end (credit card machines + computers + accounting + banking fees), and on the back end (computers, customer service, accounting, security (yeah, ironic I know), billing, payment transaction costs, marketing, and more). While I agree completely that credit card companies overcharge, the assertion that their costs are anywhere close to zero is not supported by the facts. Building a payment infrastructure like the one Visa has costs many billions of dollars to build and more billions to operate on an ongoing basis.

    Furthermore if you are going to make the absurd comparison between bitcoin and credit cards, you need to account for ALL the costs including currency exchange fees, exchange rate risk, opportunity cost, infrastructure cost (which bitcoin lacks), customer service (which bitcoin lacks), counterparty risk (no one is going to give you a refund), accounting, and the rest of them. Once you account for what bitcoin really costs and what it lacks, the cost of it is actually higher in most cases on a risk adjusted basis. (and if you aren't accounting for risk then you are being really really foolish)

  8. This is new economy by tekrat · · Score: 4, Funny

    Since the middle class has been decimated, this is how business of the future will run... now that they've fleeced the rest of us, big companies will sue other big companies and that's their ticket to profitability and stock price rises.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  9. Credit Card Features and Rewards by brunes69 · · Score: 5, Insightful

    Expect your travel insurance, extended warranty protection, points, cash back, and other credit card features to dry up rapidly if interchange fees are reduced. These perks that have been built up over the years are not free, they are paid for by interchange fees.

  10. That's Odd by Greyfox · · Score: 4, Interesting

    I'm not a huge Walmart fan, but I'm a bit surprised they don't just bring their own card to the market, then. They wouldn't even have to be terribly competitive, just anally rape you just a little less than the other credit card companies. The money they'd save on transaction fees in their own stores alone would probably more than cover the cost of the venture.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  11. Re:Bitcoin by rgbscan · · Score: 4, Informative

    Undoing moderation to post this (sorry) but I have first hand knowledge of this having worked in merchant payment processing and setting up these accounts and terminals for customers. The standard VISA contract prohibits you from charging more for card purchases, however you are totally allowed to offer discounts for cash. You can not market the card as costing more (say, posting a sign saying 3% upcharge for VISA customers) but you are completely welcome to post a sign saying 3% discount for paying in cash, using a loyalty card, showing up dressed as a chicken, or whatever. Promotions and discounts are fine and are considered marketing events - "upcharging" VISA customers is not allowed and considered a penalty to customers. As long as you market correctly you're in the clear. VISA's business manual even has examples of this in their do's and do not's section.

  12. Re:PINs by PRMan · · Score: 4, Funny

    Surely US citizens are not less intelligent then the rest of the world's citizens on average...?

    Have you seen our reality shows?

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  13. Please... by sjbe · · Score: 4, Insightful

    Maybe Walmart is just being stupid. Did they ever consider that?

    Walmart is many things but stupid is not among them.

    My swipe fees are zero.

    No they are not. They might be rolled in with some other charge but you aren't getting it for free. If you pay a flat fee per month then you do a good approximation of zero transaction volume.

    Maybe they should have gotten a plan that doesn't suck.

    Walmart has more negotiating power than pretty much any retail firm on earth and they squeeze every dime of cost out that they can. If a better deal could have been negotiated it would have been.