ECBAWM Clients, Leading Merchant Trade Groups, Object to “deeply unpopular” Proposed Settlement of Antitrust Claims Concerning Credit Card Swipe Fees

  • May 1, 2026

On April 27, 2026, ECBAWM attorney Debbie Greenberger argued on behalf of the National Retail Federation and the Retail Industry Leaders Association—two merchant trade groups, which, together, represent thousands of merchants with hundreds of thousands of stores, millions of American jobs, and over $2.7 trillion in annual retail sales—in a hearing before the Honorable Brian Cogan in the Eastern District of New York to object to the proposed settlement of a class action lawsuit concerning alleged antitrust violations in the credit card “swipe” fee market. In the hearing, ECBAWM argued that the terms of this proposed settlement, which would resolve one of the largest class action lawsuits in history, did not offer adequate relief to merchants and was “deeply unpopular” among the merchant trade groups’ members.

ECBAWM has been proud to represent the National Retail Federation and Retail Industry Leaders Association for over a decade. In 2016, ECBAWM helped secure a Second Circuit reversal of the District Court’s approval of a prior iteration of the proposed settlement agreement. Read more about that here.  In 2024, ECBAWM helped convince the Court to reject the prior proposed class action settlement in this same action.

Press:

US judge reviews Visa, Mastercard $38 billion swipe fee settlement, Reuters

Retailers Object to $200 Billion Visa-Mastercard Swipe Fee Settlement, PYMNTS TV