Of course vendors have a choice. Just as if enough consumers leave the big banks in favor of credit unions or smaller banks, if enough vendors reject the debit fees, the big banks will have to respond. Its called the free market. And it does not matter where the government got involved, the fact is they did and it cost the banks billions.
As for credit unions and smaller banks and their fees... Were they charging vendors for debit usage? The Dodd-Frank-Durbin seems to only apply to banks with $10b in assets or more. So the law didn't affect them. Were they charging the vendors less, not charging at all, or just piggybacking on the infrastructure that the big banks put in place?
Its called a "sophies choice". after the movie starring Meryl streep where she had to "chose" which one of her kids she wanted to let the Nazi exterminate. Not much of a choice is it.
DISCLAIMER: My knowledge of this is from my families restaurant not retail and it was 14 years ago. so the process may have gotten better. DO NOT IN ANY WAY TAKE THIS AS GOSPEL. have to add that before people start yelling at me.
Ok, yes a small business can decide to go "cash" only but in todays market when you are competing with the walmarts, targets and Macys and where the vast majority of people carry cards or debits. Cash only can be economically suicide.
So generally if you have a restaurant and you want to accept visa, first you go to an "acquirer" usually your bank and tell them you want to set up an account to do this, they in turn have to contract out to an "authorizer" thats the banks that pretty much act as a transfer service between merchant and bank and lastly a "clearing" who at t he end of the month, week or whatever sends out the actual payment to parties.
all these guys get a piece of the action which trickles down to your merchant fees.
2ndly, Geoff, you do know that technically charging a minimum amount is illegal right. Mastercard and visa require you to take the card for any amount Stores do it because generally the cost per transaction on credit cards is so high that they actually lose money if they transaction amt is low so they set min. they get away with it because the consumer doesn't know or care. I think if I'm not mistaken gas stations have some kind of exemption. not completely sure how it works with them.
CU and small banks typically (and folks please don't tell me about your one special case, I'm talking generalities here) they are not "processing centers" for MC, Visa and american express. so they don't collect those fees thats why in general it's a fight with the big banks. so yes it a way they do piggy back off of big banks. they will offer the card to individual but will leave merchant acquistions to the big boys.
So merchants are in a bit of a tighter bind than consumers. When I left BoA I had at minimum 10 banks to choose from. A merchant doesn't have 10 clearing houses" for visa, pretty much they've got maybe 2 "visanet" and I think one other.
but you are right they can absolutely decide not to accept cards but remember the end game is to bring in more customers and in todays world of most americans using credit cards, that can be a killer decision.
here's a pretty cool link that sort of explains how it works.
http://usa.visa.com/merchants/new_acceptance/how_it_works.html