As we have previously explored, litigation involving account takeovers (“ATOs”) and business email compromise (“BEC”) fraud have produced a muddled legal landscape. As between payors and intended payees, courts have tended to...more
1/27/2025
/ Banks ,
Business E-Mail Compromise (BEC) ,
Business Litigation ,
Contract Terms ,
Cybersecurity ,
Financial Institutions ,
Fraud ,
Merchants ,
Payment Processors ,
Payment Systems ,
Risk Management
Business email compromise (“BEC”) occurs when a payee’s business email account is compromised or impersonated. The threat actor, posing as the payee or its representative (e.g., the head of the accounting department), sends...more
Business account takeover (“ATO”) fraud occurs where a threat actor gains access to a business account on a payments platform (e.g., a payroll or accounts payable tool) or fraudulently creates such an account and engages in...more
On February 10, 2021, legislation was introduced to repeal Kansas’s ban on surcharging. A mere two weeks later, a federal judge essentially ensured its end by declaring the statute unconstitutional....more
As most consumers know, there is often a fee associated with paying by credit card. That fee, called a “surcharge,” allows the merchant to recoup the additional processing costs associated with accepting card payments. While...more