Pursuant to the FY2012 Omnibus Appropriations Legislation, the FTC recently released a report
to Congress ("Report") on the FTC's enforcement, outreach and other activities implementing the Durbin Amendment rules, as well as the FTC's other activities regarding payment cards. Several parts of the report are of particular interest, notably the following: "Based on information collected to date, FTC staff has begun an initial investigation to determine whether certain payment card network rules may violate Section 1075 or Regulation II, including issuing a request for information to one payment card network." The Report is also a timely reminder that, notwithstanding the CFPB's spate of activity under Sections 1036(a)(1)(B) and 1031 of the CFPA, the FTC also remains active enforcing Section 5 of the FTC Act in the payment card and payment processing areas. (See, e.g., Report at note 28.) Payment Law Advisor wishes you a happy New Year, and looks forward to reporting to you further on these matters in 2013.