As merchants using Apple Pay have the ability to select routing options that allow for lower fees, some say Apple Pay is in violation of the Durbin Amendment, American Banker reported.

The amendment by Sen. Richard Durbin, D-Ill., into the 2010 Dodd-Frank Act, requires issuers to give greater access to certain PIN. Under the law, as implemented by the Fed, issuers must enable cards so merchants can route a transaction through at least two unaffiliated networks. The typical scenario is through either one of the major signature networks or at least one of the PIN debit networks. Requiring the availability of the other networks was meant to foster competition in the setting of network fees.

But merchant advocates claim that the emergence of Apple Pay and other new technologies is allowing issuers to avoid offering the multiple routing choices. They assert that transactions carried out over a consumer’s phone typically go straight to one of the major signature networks without the non-signature networks ever being a choice, American Banker reported. While some PIN networks can be accessed via Apple Pay, retailers say Visa and MasterCard have not provided the technical information needed for merchants to utilize that function.