Credit Cards

News & Analysis as of

Orrick's Financial Industry Week in Review

ICMA Issues Updated Legal Opinions On GMRA - On April 9, the International Capital Market Association (ICMA) published the 2015 legal opinions on the Global Master Repurchase Agreement (GMRA), the principal standard...more

ANZ Wins Appeal – Late Payment Fees Held to be Enforceable

In a significant decision in Paciocco v ANZ [2015] FCAFC 50 (Paciocco), the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by ANZ Bank (ANZ) and overturned a 2014 Federal Court of Australia...more

Payment Method Security and the Expanding Role of Chip & Pin

With the increased awareness of major data breaches and the ever-expanding prevalence of credit card fraud, payment transaction security has become an important discussion in this country. ...more

CFPB finalizes temporary suspension of TILA requirement for quarterly submission of credit card agreements

The CFPB has issued a final rule adopting its proposal to suspend for one year the Truth in Lending Act/Regulation Z requirement for issuers of open-end credit cards to send their credit card agreements to the CFPB quarterly...more

Amendments to Code of Conduct for Credit and Debit Card Industry

Amendments made to the Code of Conduct for the Credit and Debit Card Industry in Canada (Code) released by the Department of Finance on April 13, 2015, will have interesting repercussions across the entire payment industry...more

Late Fees More Feasible After The Full Federal Court Overturns Decision On Penalties

On 8 April 2015 the Full Federal Court of Australia has found that certain bank fees were not penalties or otherwise unconscionable, unjust or unfair under statute reversing the first instance decision of Gordon J. This brief...more

"What Every General Counsel Needs to Know to Comply With New Bureau of Economic Analysis Reporting Requirements"

In 1976, Congress passed legislation requiring the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to collect information on investment flows between the United States and foreign countries. Subsequently...more

New PCI Tokenization Guidelines

Last week, the Payment Card Industry Security Standards Council released new guidelines related to the security of tokenization products. The guidelines are a set of technical best practices for evaluating tokenization...more

California Federal Court Rules ‘No Surcharge’ Law Unconstitutional

A federal district court in California has ruled that a state law prohibiting retailers from imposing a surcharge on credit card purchases placed an unconstitutional restriction on the retailers’ freedom of speech and is...more

CFPB Update - Bank Short Term Loans “Payday” for Banks? CFPB Outlines Sweeping Proposal to Level the Playing Field Between Payday...

Direct from Richmond, Virginia: yesterday, I (Travis) visited the Greater Richmond Convention Center, where the Consumer Financial Protection Bureau (CFPB) announced at a field hearing a sweeping proposal for new rules...more

CFPB Launches Inquiry into the Credit Card Industry

Last week, the Consumer Financial Protection Bureau (CFPB) announced it is seeking public comment from consumers on how the credit card market is functioning following several initiatives imposed by the Credit Card...more

CFPB Seeks Consumer Feedback in Review of Credit Card Market

On March 17, the CFPB announced a Request for Information (RFI) seeking public comment on key aspects of the credit card market. This RFI is a part of a review mandated by the Credit Card Accountability, Responsibility, and...more

CFPB Initiates Second CARD Act Review

On March 19, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a notice and request for information (“2015 RFI”) regarding the impact of the Credit Card Accountability Responsibility and Disclosure Act of 2009...more

CFPB Request for Information Targets Credit Card Debt Collection and Ability to Repay

The Consumer Financial Protection Bureau (CFPB or Bureau) announced on March 17 that it is seeking public comment, via a Request for Information, ahead of a second study on the credit card market. With this request, the...more

CFPB launches another credit card review

The CFPB has issued another request for information about the credit card market. The request is intended to inform the CFPB’s biennial review of the credit card market mandated by the CARD Act. In October 2013, the CFPB...more

CFPB Investigating Credit Card Market

The CFPB announced it is seeking public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers. This public inquiry will focus on issues including credit card...more

European Parliament Adopts MIF Regulation

On March 10, 2015, the European Parliament published a press release announcing that it has adopted the proposed Regulation on interchange fees for card-based payment transactions (MIF Regulation). The adopted text has not...more

Consumer Financial Protection Bureau’s Dodd-Frank Study Scrutinizes Arbitration Agreements & Class Action Waivers

On Tuesday, the Consumer Financial Protection Bureau (“CFPB”) released its long-awaited “Arbitration Study: Report to Congress, pursuant to Dodd–Frank Wall Street Reform and Consumer Protection Act § 1028(a)”, which presents...more

EMV Credit Cards Are Coming, But Consumers Must Stay Vigilant

Major credit card companies, including Visa, MasterCard, Discover, and American Express, have announced plans to switch to EMV cards in the United States over the course of 2015. ...more

Chinese Government’s Announcement to Open Bank Cards Network Market

On Oct. 29, 2014, in a routine working session, the China State Council determined that the Chinese government would “open” bank card acquisition and settlement businesses in China. Qualified Chinese domestic and foreign...more

Prepaid Card Programs Take Another Regulatory Hit

Prepaid card programs seem to be under greatly increased regulatory scrutiny lately. In addition to the 870 page rule the CFPB recently proposed to regulate prepaid card programs, the FDIC also recently released guidance that...more

Food Industry Continues to Face Data Privacy and Security Risk

In 2014, grocers and restaurants continued to be plagued by attacks leading to the theft of credit card information. Among others, Supervalu Inc. and Jimmy John’s both experienced intrusions in 2014, extending the string of...more

Recent Uptick in Collection Lawsuits from FIA Card Service (Bank of America) in Arizona

Lately I have seen an pretty significant increase in the number of lawsuits filed by junk debt buyers like Midland Funding, Unifund, and CACH, LLC on old charged-off Bank of America credit cards here in the Phoenix area. ...more

Commonly Held Beliefs About Antitrust in America Are False

On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to...more

CFPB Seeks to Improve Process for Industry Submission of Consumer Credit Card Agreements

On February 24, the CFPB announced a proposed rule that would reduce the burden of credit card issuers by suspending – for one year – their obligation to submit credit card agreements to the CFPB on a quarterly basis....more

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