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
Illinois has become the first state to adopt legislation banning interchange fees on the tax amount and gratuity (tip) amount of a credit or debit payment transaction. The Illinois Interchange Fee Prohibition Act (IFPA)i,...more
Join members of McDermott’s Global Privacy & Cybersecurity team and Alan Gutierrez-Arana of Mazars for the next installment in our PCI DSS 4.0 series. PCI DSS 4.0 brings major changes to payments with an increased focus on...more
CYBERSECURITY - CISA Issues Incident Response + Vulnerability Response Playbooks for Executive Branch - The Cybersecurity & Infrastructure Security Agency (CISA) issued the Cybersecurity Incident & Vulnerability Response...more
It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more
Approximately 3,000 customers of the Fort Worth Water Department were notified recently that their credit card information may have been compromised as a result of a data breach suffered by its vendor, Click2Gov....more
It’s a busy time for colleges and universities as the fall semester starts and campuses are bustling with activity. It’s also the perfect time for cyber criminals to create mayhem for institutions of higher education with a...more
A&B Abstract: Recent cases by the Eleventh Circuit and the D.C. Circuit deepen the divide among the courts on the standing of consumers to sue for violations of the Fair and Accurate Credit Transactions Act (“FACTA”). ...more
In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more
Modern sock maker, Bombas, recently settled with New York over a credit card breach, agreeing to pay $65,000 in penalties. According to the NYAG, malicious code was injected into Bombas’ Magento ecommerce platform in 2014...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 consumer card payment experience is about to undergo some transformative changes. Chase, the consumer banking division of JPMorgan Chase & Co., has announced that it will soon issue cards with a so-called contactless...more
The FBI is warning banks to be on guard against possible attacks on ATMs. In an alert sent to banks on August 10th, the FBI warned banks that it had “obtained unspecified reporting indicating cyber criminals are planning...more
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...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
The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N). The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more
After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more
On November 3, 2017, the U.S. District Court for the Southern District of New York dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint in Fullwood v. Wolfgang’s Steakhouse because the plaintiff failed to...more
As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more
Hyatt Hotels Corporation recently announced that it had identified malicious software code resulting in unauthorized access to customer payment card information. Hyatt disclosed that upon investigating the incident, it...more
On May 24, 47 state attorneys general settled with Target for $18.5 million regarding its 2013 data breach. The implications of the agreement may be more far-reaching than many companies realize. The fact that nearly all...more
Pursuant to a settlement agreement with the Attorneys General of nearly all 50 states1, Target Corporation will pay $18.5 million to settle claims brought by the state Attorneys General arising from the November 2013 data...more
The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach...more
A lawyer’s nightmare: retailer Brooks Brothers announced late last week that it has become the newest retailer to suffer a payment card data breach. According to Brooks Brothers, which is calling it a “data incident”,...more
In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more
When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more