The pending anti-trust settlement, pitting the six major card issuers and two major card brands against the retailers, has sparked a legislative backlash.

Currently 28 states have either passed or are considering bills blocking retailers from surcharging consumers for credit card purchases, according to CUNA. Surcharging was forbidden but those rules were dropped as part of a proposed settlement to ongoing litigation.

The card brands argued that changing the surcharging rules indicates how serious the settlement's proposed reforms are, but retailers say the easing of restrictions shows where the settlement falls short.

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