Barrie VanBrackle

Barrie VanBrackle

Manatt, Phelps & Phillips, LLP

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Pushing for Security, President Signs Executive Order on Chip-and-PIN Tech

Why it matters - In an effort to push retailers to adopt heightened security for credit and debit cards, President Barack Obama signed an executive order mandating chip-and-PIN technology for government cards. ...more

11/12/2014 - CFPB Credit Cards Data Protection Executive Orders

Merchants Ask Supreme Court to Consider Interchange Fees

A coalition of merchants and retailers has requested that the U.S. Supreme Court weigh in on interchange fees. In March, the D.C. Circuit Court of Appeals upheld the rules promulgated by the Board of Governors of the...more

9/17/2014 - Dodd-Frank Durbin Amendment Rules Federal Reserve Interchange Fees Retailers SCOTUS

California Senate Amends Bill Mandating Microchip Cards; Bill May Reemerge In Next Legislative Session

In an effort to make the legislation more amenable to the banking industry and retailers alike, California lawmakers tweaked a bill that requires the use of microchip technology in payment cards....more

6/26/2014 - Banks Gift-Cards Legislative Agendas Proposed Legislation Retailers

Financial Services Law

Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled that the FTC has the...more

4/11/2014 - FTC Jurisdiction Payday Loans Tribal Loans

Financial Services Law

D.C. Circuit Court Upholds Fed’s Debit Card Fee Cap, Antiexclusivity Rules - Dealing a blow to merchants nationwide, the D.C. Circuit Court of Appeals reversed a lower court and upheld the rules promulgated by the...more

3/28/2014 - CFPB Debit Cards Exclusive Dealing Agreements Fees Financial Regulatory Reform IRS Loans Predatory Lending Student Loans

Financial Services Law - Feb 14, 2014

Bit by Bit(coin), Virtual Currency Inches Toward Regulation - Has the time come to regulate virtual currency? At a recent hearing held by the New York Department of Financial Services, the answer appeared to be “yes.”...more

2/14/2014 - Banks Bitcoins FDIC Financial Regulatory Reform OCC Virtual Currency Volcker Rule

Financial Services Law - Feb 10, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

2/11/2014 - American Express Antitrust Litigation Banks Class Action Deposit Advances FDIC Fees MasterCard Prepaid Payment Products Toys R Us Visa Inc Visas

Financial Services Law - Jan 30, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

1/31/2014 - Antitrust Litigation Banks Business Judgment Rule Class Action Deposit Advances Directors FDIC Fees MasterCard Merchant Fees Payday Loans Settlement Visa Inc

Visa and MasterCard Win Approval for $5.7 Billion Settlement Ending Years of Litigation

Today Visa Inc. and MasterCard Inc. won approval for a $5.7 billion settlement that ended years of litigation with United States merchants over allegations that credit card swipe fees are improperly fixed. U.S. District Judge...more

12/17/2013 - Antitrust Litigation Class Action MasterCard Merchant Fees Settlement Visa Inc

FTC Looks To Ban Payment Methods Susceptible To Fraud

In May, the Federal Trade Commission issued a Notice of Proposed Rulemaking concerning possible amendments to the Federal Telemarketing Sales Rule, which would prohibit sellers and telemarketers from accepting remotely...more

7/19/2013 - Fraud FTC Payment Methods Payment Processors Proposed Regulation RCCs RCPOs Telemarketing Telemarketing Sales Rule

Lessons from the Automated Electronic Checking Inc. Case

Recent action by the Federal Trade Commission against a third party processor found to be processing transactions for a merchant engaged in wrong-doing, indicates the necessity of processors employing adequate due diligence...more

5/31/2013 - Due Diligence Electronic Checks FTC MasterCard Third-Party Liability Unfair or Deceptive Trade Practices Visa Inc

Key Provision of Regulation E Poised for Repeal: Manatt Instrumental in Legislative Efforts

On December 11, 2012, after weeks of procedural holds, the U.S. Senate passed by unanimous consent a U.S. House bill (H.R. 4367) repealing the regulatory provision in Regulation E requiring banks, credit unions, casinos and...more

12/15/2012 - ATMs Disclosure Requirements Frivolous Lawsuits Regulation E Repeal

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