Puerto Rico Rejects Swipe-Fee Prohibition: Senate Issues Negative Report to Senate Bill 675

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Overview

On November 13, 2025, the Puerto Rico Senate issued Negative Report 675, recommending against approval of Senate Bill 675—a proposal that would have prohibited interchange or “swipe” fees on the portions of credit- and debit-card transactions attributable to taxes, tips, or charitable donations.

The Committees on Federal Relations and Implementation of the People’s Mandate for Status Solution and on Economic Development, Small Business, Banking, Commerce, Insurance and Cooperativism concluded that although the measure sought to address merchant burdens, it presented significant operational, legal, and fiscal risks, and could expose the Island to federal pre-emption litigation.

With this decision, Puerto Rico joins other U.S. jurisdictions—including Illinois and Colorado—that have paused, withdrawn, or declined similar legislation due to regulatory, technology, and banking-law constraints.

Legislative Context and Proposed Amendments

The bill sought to modify Law 150-2008 (prohibiting surcharges for using credit/debit cards) and Law 42-2015 (payment-method requirements) to outlaw swipe fees when charged on IVU (sales tax), tips, or donations.

While the bill was framed as a consumer and small-business protection measure, the Committees found no evidence that Puerto Rico’s financial or merchant infrastructure could support such a change without substantial reengineering, multi-level system updates, and possible federal conflicts.

Stakeholder Positions

Electronic Payments Coalition (EPC): Nuanced, but Opposed

The Electronic Payments Coalition (EPC) adopted a qualified opposition. EPC acknowledged that the bill’s requirements were technically feasible but emphasized that implementation would take many years, citing the eight-year national transition to EMV chip-card standards as precedent.

EPC warned of high costs for banks, processors, and merchants, defended the current card-payment system, and noted that over 90% of consumers report satisfaction with electronic payments. EPC cautioned that the bill could undermine system reliability, increase operational burdens, and unintentionally raise consumer costs.

Financial Sector & Payment Networks: Strong Opposition

The Puerto Rico Banks Association, Defense Credit Union Council (DCUC), Card Coalition, Electronic Transactions Association (ETA), American Financial Services Association (AFSA), and Capital One Services expressed full opposition.

Their testimony highlighted:

  • Federal pre-emption risks under the National Bank Act and the Federal Credit Union Act;
  • Operational impossibility of isolating tax- and tip-related amounts in real-time interchange calculations;
  • Likely withdrawal of certain card products or rewards programs;
  • Significant infrastructure upgrades that could “destabilize” Puerto Rico’s payments system.

Regulators: Serious Concerns; No Agency Supported the Bill

Regulators—including OCIF, COSSEC, DACO, Hacienda, and the Office of the Commissioner of Insurance (OCS)—highlighted:

  • High implementation costs (OCIF estimated up to $150 million for merchants);
  • Federal-law conflicts and litigation risks;
  • Concerns for microinsurance and premium-payment processing;
  • Consumer-protection and transparency challenges.

Merchant Community: Split Positions

Merchant groups diverged:

  • ACDET, ASORE, and CUD favored limiting swipe fees on taxes and tips, arguing that merchants pay an estimated $53.6 million annually in fees on IVU.
  • MIDA supported the goal but opposed SB 675’s mechanism, recommending broader reform, including payment-method flexibility or adjustments to existing surcharge prohibitions.

Committee Findings

Despite recognizing that swipe fees impose a real economic burden—estimated at $74 million annually—the Committees determined the legislation was not viable due to:

  • Unresolved federal pre-emption issues;
  • Significant technical and system-integration costs;
  • A high likelihood of industry litigation;
  • Disproportionate impact on local banks and cooperatives.

The Committees ultimately recommended a negative report, encouraging policymakers to explore alternative reforms, including financial-education efforts, merchant transparency measures, and inter-agency regulatory coordination.

Implications for Puerto Rico’s Payments Ecosystem

Puerto Rico’s decision to reject SB 675 aligns with a broader national trend of cautious regulation of interchange fees. States that attempted similar restrictions have encountered legal uncertainty, federal challenges, and implementation delays.

For financial institutions, acquirers, and payment facilitators, the result provides regulatory continuity, avoiding disruptive system-level redesigns. For merchants, the outcome preserves the current interchange model but keeps open avenues for future reforms targeting transparency, cost allocation, and payment-method rules.