Are Mobile Payments Services Covered by Durbin Amendment to Dodd-Frank?

According to the Federal Register, the official publication for federal government rules, regulations and laws (Vol. 75 of the Federal Register, p. 81729, Dec. 28, 2010, the Durbin amendment to the Dodd-Frank banking bill appears to cover mobile payment devices with the same rules that apply to debit cards.

[P]roposed comment 2(f)–1 clarifies that the requirements of this part generally apply to any card, or other payment code or device, even if it is not issued in card form. That is, the rule applies even if a physical card is not issued or if the device is issued with a form factor other than a standard-sized card. For example, an account number or code that could be used to access underlying funds in an account would be considered a debit card under the rule . . . . Similarly, the term ‘‘debit card’’ would include a device with a chip or other embedded mechanism that links the device to funds held in an account, such as a mobile phone or sticker containing a contactless chip that enables the cardholder to debit an account.

If so, that would mean all the big numbers you see for mobile payments activity will boil down to about 12 cents per transaction for a mobile payment service. That's a clear dose of reality suggesting why other value likely will have to be found to make mobile payments a workable business proposition.

Digital Society Blog Archive Mobile Payments & the Durbin Amendment: