Credit Card Companies · Card Network/Issuer · Regulatory action + Private litigation
Discover Financial Services
Headline
Discover misclassified about five million CONSUMER credit cards as commercial cards from 2007 to 2023 - seventeen years - which pushed those transactions into a higher interchange tier and overcharged merchants on…
Discover misclassified about five million CONSUMER credit cards as commercial cards from 2007 to 2023 - seventeen years - which pushed those transactions into a higher interchange tier and overcharged merchants on affected sales. Many of those merchants were small family-owned businesses paying a surcharge on a mistake nobody told them about. The settlement is up to $1.225 billion, with payments increased pro rata until the class total reaches $540 million, a $10 minimum payment, and a claim deadline of May 18, 2026 (now passed); the final approval hearing was set for May 20, 2026 (entry of final approval and payment timing not verified as of Oct 2026). Discover's then-CEO Roger Hochschild said in July 2023 that the issue 'underscored deficiencies' in the company's corporate governance and risk management, and resigned in August 2023; Discover disclosed in October 2023 that it was cooperating with an SEC investigation. Capital One completed its $35.3 billion acquisition of Discover in May 2025 and began migrating debit transactions onto the Discover network - which is exempt from the Durbin Amendment interchange caps that bind Visa and Mastercard.
- Severity
- Evidence tierUnassigned
- Claims confirmed
- Last verified2026-08-04
Primary source. topclassactions.com/lawsuit-settlements/closed-settlements/1-2b-discover-credit-card-merchant-interchange-fee-class-action-settlement/ — Verified - primary source confirmed.
Terms
Arbitration
Discover is REFERENCED (not a defendant) in the American Express anti-steering settlement above — Discover cardholders in Illinois are part of the compensable class in that case, but Discover itself is not accused of wrongdoing there. HISTORICALLY, Discover was itself a PLAINTIFF in a separate, earlier antitrust suit against Visa (alleging a Visa bylaw and Mastercard's 'CPP' policy improperly blocked banks from also issuing Discover cards, harming Discover's ability to compete) — a notable role-reversal where Discover was the one alleging harm from Visa/Mastercard's market practices, distinct from the merchant-driven interchange cases against Visa/Mastercard elsewhere in this tab.
Data sharing
Not itemized separately from the antitrust findings below.
Fees and billing
Not itemized this pass.
Contacts
Privacy contact. Not recorded.
Legal notice. PUBLIC COMPANY (Non-public). Service route: c/o General Counsel / Corporate Secretary, Riverwoods, Illinois — the corporate address on the SEC Form 10-K cover page is the official address of record. Confirm the exact street address on the current 10-K at sec.gov/edgar, and check the state-of-incorporation registered agent (usually Delaware; most large filers use The Corporation Trust Company or Corporation Service Company) via the Secretary of State business-entity search. A registered agent MUST accept service, which is why it is the reliable channel when a company publishes no privacy address.
Mailing address. Not recorded.
Evidence
| Claim | Kind | Support | Sources |
|---|---|---|---|
| 1. Discover misclassified consumer credit cards as commercial cards. | fact | supported | none recorded |
| 2. More than five million cards were misclassified. | fact | unsupported | 1 (0 confirmed) |
| 3. The misclassification ran from 2007 to 2023 (seventeen years). | fact | unknown | 1 (1 confirmed) |
| 4. The misclassification pushed transactions into a higher interchange tier, overcharging merchants. | fact | supported | none recorded |
| 5. The overcharge was roughly 1% on every affected sale. | fact | unsupported | 1 (0 confirmed) |
| 6. Many merchants were small family-owned businesses paying a surcharge on a mistake nobody told them about. | characterization | n/a | none recorded |
| 7. The settlement is $1.225 billion. | fact | contradicted | 1 (0 confirmed) |
| 8. At least $540 million goes to class members. | fact | unsupported | 1 (1 confirmed) |
| 9. There is a $10 minimum payment. | fact | supported | none recorded |
| 10. The claim deadline is May 18, 2026. | fact | unknown | 1 (1 confirmed) |
| 11. Discover's then-CEO publicly acknowledged in July 2023 that the episode revealed weaknesses in risk management and oversight. | fact | unsupported | 1 (0 confirmed) |
| 12. The CEO resigned shortly after. | fact | unsupported | none recorded |
| 13. The SEC opened an investigation. | fact | unsupported | 1 (0 confirmed) |
| 14. Capital One completed its $35.3 billion acquisition of Discover in May 2025. | fact | unsupported | 1 (0 confirmed) |
| 15. Capital One began migrating debit transactions onto the Discover network. | fact | unsupported | none recorded |
| 16. The Discover network is exempt from the Durbin Amendment interchange caps that bind Visa and Mastercard. | fact | unsupported | none recorded |
3 of 16 claims have a confirmed source of their own.
Sources
| Source | Claim | Tier | Status | Quote |
|---|---|---|---|---|
| none | Claim 2 | Unassigned | not found | No quote recorded. Quote basis: not recorded. |
| court · 2025 https://www.discovermerchantsettlement.com/StaticWebFiles/GeneralDocuments/Long Form Notice.pdf?t=639270326382090486 | Claim 3 | Unassigned | confirmed | “during the period from January 1, 2007 through December 31, 2023” Quote basis: not recorded. |
| court · 2023-08-11 www.discovermerchantsettlement.com/StaticWebFiles/GeneralDocuments/Capp-FirstAmendedComplaint.pdf?t=639270326381886762 | Claim 5 | Unassigned | corrected | “draw the highest fee rate (i.e., 2.4% on the purchase amount)” Quote basis: not recorded. |
| court · 2025 https://www.discovermerchantsettlement.com/StaticWebFiles/GeneralDocuments/Long Form Notice.pdf?t=639270326382090486 | Claim 7 | Unassigned | corrected | “the maximum Discover will be required to pay to affected End Merchants” Quote basis: not recorded. |
| court · 2025 https://www.discovermerchantsettlement.com/StaticWebFiles/GeneralDocuments/Long Form Notice.pdf?t=639270326382090486 | Claim 8 | Unassigned | confirmed | “Discover has agreed to pay at least $540 million to affected End Merchants.” Quote basis: not recorded. |
| court · 2026-10-05 www.discovermerchantsettlement.com/?culture=en | Claim 10 | Unassigned | confirmed | “The Court-approved Claim Filing Deadline passed on May 18, 2026.” Quote basis: not recorded. |
| none | Claim 11 | Unassigned | not found | No quote recorded. Quote basis: not recorded. |
| none | Claim 13 | Unassigned | not found | No quote recorded. Quote basis: not recorded. |
| none | Claim 14 | Unassigned | not found | No quote recorded. Quote basis: not recorded. |
Source vault
Link status: Candidate - not yet fetched
| Document | Last fetch | |
|---|---|---|
| Privacy policy discover.com/company/privacy/ | Not fetched yet | NO (HTML only) |
| Terms of service discover.com/credit-cards/member-agreement/ | Not fetched yet | NO (HTML only) |
| Website discover.com | Not fetched yet | — |
| Primary source https://topclassactions.com/lawsuit-settlements/closed-settlements/1-2b-discover-credit-card-merchant-interchange-fee-class-action-settlement/ Verification: Verified - primary source confirmed | Not fetched yet | — |
Enforcement
No enforcement actions are linked to this row.
State statute
No comprehensive state privacy statute on file for Illinois