Exploring the Potential of Georgia's Merchant Acquirer Limited Purpose Bank Charter — Payments Pros: The Payments Law Podcast
Consumer Finance Monitor Podcast Episode: Understanding the Federal Reserve Board Proposal to Lower Interchange Fee Cap for Debit Card Transactions
GIACT and Hudson Cook Break Down NACHA’s New Account Validation Rule
On August 26, the CFPB published a report regarding cash-back fees that some retailers charge for consumers to access cash via the consumers’ debit or prepaid cards. According to the CFPB, such fees have become more prevalent...more
In this episode of Payments Pros, Keith Barnett is joined by James Stevens to discuss the Merchant Acquirer Limited Purpose Bank Charter (MALPB) in Georgia, a unique charter that allows companies to offer merchant payment...more
On December 13, 2023, New York Governor Kathy Hochul signed into law Assembly Bill 2672, which has significant implications for merchants in that it imposes disclosure requirements with respect to credit card surcharges for...more
Credit card skimming fraud continues to affect companies and their customers, causing businesses such as Costco to routinely inspect their PIN pads for the devices. ...more
Nearly a decade after promulgation of Regulation II — better known as the Durbin Amendment — the Federal Reserve Board proposed changes to modernize the regulation by clarifying that the exclusivity prohibition applies to...more
Last week, the New Jersey Supreme Court decided in favor of putative class members, taking a permissive approach to class certification at the early stages of litigation. Reversing the lower courts, the New Jersey Supreme...more
Justice Kavanaugh said earlier this summer that “[c]ourts sometimes makes standing law more complicated than its needs to be.” The majority in the Eleventh Circuit took that statement to heart in its en banc opinion in...more
With consumers reluctant to use cash in the COVID-19 pandemic, a newer form of purchase financing has gained traction with retailers and payment providers. Purchasers are finding alternatives to building significant credit...more
The New York City Council has approved, by a vote of 43-3, a bill that would make it unlawful for most businesses to refuse to accept payments in cash, with limited exceptions. The legislation aims to eliminate what...more
If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt. As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more
The U.K. Payment Systems Regulator has revised the timeline for its work on the market review into the supply of card-acquiring services. The PSR will publish its interim report for consultation in Q1 2020, instead of by the...more
The U.K. Payment Systems Regulator has launched a consultation on the PSR's proposed approach to assessing the profitability of card-acquiring service providers for U.K. merchants and consumers. The Consultation Paper may be...more
Several states and municipalities are requiring brick-and-mortar retail locations to accept cash from customers. On May 7, the San Francisco Board of Supervisors voted unanimously to require all brick-and-mortar stores in...more
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more
The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more
The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more
The legislative flavor of the month is the movement to outlaw cashless stores. While retailers continue to pursue the holy grail of eliminating the check-out experience altogether with cashier-free stores, states and...more
Some of the most highly publicized and scrutinized data breaches involve the theft of payment card data. In recent years, the payment card industry has implemented new technologies, most visibly EMV, in an effort to stem the...more
Payments Developments in 2018 and Outlook for 2019 - The cost of accepting payments is one of the most significant expenses faced by most retailers, and managing those costs is an ongoing struggle. The year 2018 saw...more
The NY Attorney General and the plaintiffs in Expressions Hair Design v. Schneiderman have filed a joint motion with the U.S. Court of Appeals for the Second Circuit asking the court to vacate the district court’s final...more
A bill to ban restaurant and retail establishments in New York City from going cashless has been introduced in the New York City Council. The bill’s sponsor, Council Member Ritchie Torres, introduced the measure amid a...more
As we reported on in 2013, 2015, and 2016, there has been much legal confusion as to how New York merchants can pass on the credit-card “swipe fees” to their customers. In the case of Expressions Hair Design v. Schneiderman,...more
The New York Court of Appeals has issued an opinion in Expressions Hair Design v. Schneiderman interpreting the state’s law that prohibits merchants from imposing a surcharge on credit card purchases (Section 518 of the...more
Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more