U.S. banks and credit unions can now chase Apple Pay issuer fees as one class. On September 23, U.S. District Judge Jeffrey White certified the antitrust case and let the plaintiffs’ damages expert stay in. The ruling does not say Apple broke the law. It only says thousands of issuers can try the fee claim together.
Affinity Credit Union, GreenState Credit Union, and Consumers Co-op Credit Union filed in 2022. They say Apple blocked rival tap-to-pay wallets from the iPhone NFC chip, then charged card issuers for Apple Pay transactions that had no real contactless competition on iPhone.
What issuers say they pay
Per the suit, card issuers pay Apple 0.15 percent of credit purchases made through Apple Pay, and half a cent on each debit tap. On a $1,000 credit buy, that is $1.50 to Apple from the issuer. A $100 credit tap costs 15 cents. MacRumors and AppleInsider both put the plaintiffs’ estimate of Apple’s annual take near $1 billion.
The certified class covers U.S. entities that issued an Apple Pay-enabled card and paid Apple a fee for a transaction on that card since the class period the court set. Apple did not dispute that the group is large enough for class treatment. White found common questions on monopoly power, competitive harm, and a uniform fee schedule that can support a common damages method.
What the judge did not decide
Class certification is a process ruling. It does not find liability. It does not order repayment. Apple can still argue at summary judgment or trial that its fees were lawful, that Android comparisons fail, or that damages math overstates overcharge.
White also denied Apple’s bid to keep plaintiffs’ expert Christopher Vellturo off the stand. Vellturo compares Apple’s issuer fees with the zero issuer fees he attributes to competing mobile wallets, then estimates overpayment. The judge said Apple’s attacks go to weight, not exclusion.
Separately, early iPhone 18 Pro Max buyers on AT&T have been logging dead cellular and stuck eSIM issues. That network story is not part of this fee case. Owners tracking software patches can still watch the Face ID fix window that opens Monday.
NFC access already changed since 2022
Since the complaint landed, Apple opened more NFC paths. From iOS 18.1, eligible third-party apps in listed countries can run contactless payments without routing every tap through Apple Pay, and users can set a default contactless app. Developers still need Apple approval and a commercial deal that can include platform fees. Those developer fees are separate from the issuer Apple Pay rates challenged here.
Plaintiffs still want repayment of past fees plus injunctive relief against the practices they call unlawful. Expanded NFC access may shrink what forward-looking injunctions look like. It does not erase claims over money already paid.
How this sits next to other Apple Pay news
Retail coverage is moving the other direction for shoppers. Walmart started rolling out Apple Pay in Arkansas this month and says U.S. stores should follow by year end, with Sam’s Club in the same plan. That store expansion does not answer the issuer-fee antitrust fight.
iOS 27 also refreshed the Apple Pay checkout sheet: swipe between cards, a card grid, and clearer rewards or balance lines. Amex Membership Rewards can apply in-flow at 0.7 cents per point in the partnership Apple and Amex described. None of those product notes settles whether 0.15 percent and half-cent debit fees were lawful for issuers.
Earlier Face ID patent coverage on this site, including the BASF Face ID patent suit, shows how hardware IP cases and payment antitrust cases can run in parallel without sharing a calendar. The Apple Pay class now has a certified path. Merits still wait.
Photo: Apple Newsroom retail photos
Source: AppleInsider; Hagens Berman class notice; MacRumors court coverage; Apple developer NFC documentation
