Point-of-Sale Finance Series: Fair Lending Risks at the Checkout Counter — The Consumer Finance Podcast
Point-of-Sale Finance Series: Navigating Merchant and Dealer Contracting - The Consumer Finance Podcast
Explore the Impact of Point-of-Sale Finance in Our Upcoming Series — The Consumer Finance Podcast
Viaje al Pasado Legal: Una Reclamación en Piedra
Exploring the Potential of Georgia's Merchant Acquirer Limited Purpose Bank Charter — Payments Pros: The Payments Law Podcast
Analyzing the Credit Card Competition Act of 2023 - Payments Pros: The Payments Law Podcast
In this special joint episode of The Consumer Finance Podcast and Payments Pros, guest host Taylor Gess joins Chris Willis and Lori Sommerfield to unpack fair lending risks in point-of-sale finance. They explain how...more
The UK Payment Systems Regulator (PSR) has published an invitation to comment on a revised draft questionnaire for a proposed survey of UK merchants as part of its review of cross border interchange fee remedies. The survey...more
As 2026 gets under way, the payments ecosystem continues to innovate and evolve. Payments companies face business pressure from numerous directions. Consumers expect fast, low-cost, and borderless payments, while merchants...more
Merchants handling cash transactions are caught in a snarl of conflicting rules on how to round....more
A merchant bankruptcy poses several dangers for revenue-based commercial funders. Most obviously, from a business standpoint, bankruptcy disrupts the merchant's ongoing revenue generation and the transfer of revenue to the...more
In a Truth Social post, President Trump backed a bill called the Credit Card Competition Act (sometimes called the Durbin-Marshall credit card mandate), saying it will help put an end to what he calls “out-of-control swipe...more
On December 17, 2025, the Government of Québec published the final version of a regulation providing clarity on the warranty of good working order first introduced in 2023 by Bill 29, An Act to protect consumers from planned...more
The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) (No. 2) Order 2025 has been laid before Parliament, accompanied by an explanatory memorandum. A draft was laid before Parliament in June. The...more
The Jones Act is the foundational law of the American maritime industry, and compliance with it is essential whether you are a vessel operator in the US domestic trades or a foreign operator serving the US market. The Jones...more
In this engaging crossover episode of The Consumer Finance Podcast and Payments Pros, host Taylor Gess is joined by colleagues Jason Cover, Andrew Thurmond, and Samer Roshdy to explore the complexities of contracting with...more
On October 8, U.S. SDNY granted New York State’s motion to dismiss in a case challenging the state’s recently enacted law requiring merchants to disclose when pricing has been set by an algorithm using a consumer’s personal...more
The US District Court for the Northern District of Illinois recently granted preliminary approval of a $1.2 billion settlement in a class action involving Discover-related credit cards. Background - In 2023, three...more
In advance of the coming into force on October 5, 2025 of the provisions relating to the warranty of availability of replacement parts, repair services and information necessary to maintain or repair goods (the “Warranty”)...more
On September 19, the U.S. District Court for the District of Massachusetts denied a motion to compel arbitration in a putative class action brought by small merchants challenging anti-steering rules and swipe fees imposed by...more
A new wave of payment innovation is upon us, and it is fueled, at least in part, by digital-first consumers’ and merchants’ concerns about the rising costs of traditional payment methods....more
Walmart recently updated its shipping and fulfillment policies to permit its third-party merchants to use Amazon’s Multi-Channel Fulfillment (“MCF”) when fulfilling orders placed through Walmart’s marketplace. With this...more
This Freeman Law Insights blog discusses Chapter 604A of the Texas Business and Commerce Code (“Chapter 604A”) which, as written, prohibits merchants from imposing a surcharge on a buyer who uses a debit card or a credit card...more
On July 10, 2025, US District Judge David Dugan of the Southern District of Illinois (S.D. Ill.) granted without prejudice motions of Apple and two payment network providers to dismiss antitrust claims by a putative class of...more
On June 25, 2025, the Government of Québec published a Regulation that clarifies the obligations of merchants and manufacturers with respect to the warranty of availability of replacement parts and repair services. These...more
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Jason Cover to introduce an upcoming special series focused on point-of-sale finance, a rapidly evolving sector in consumer financial services. This...more
On April 18, the FDIC announced a consent order against a Delaware-based bank alleging that the bank engaged in unsafe and unsound banking practices and violated various federal consumer protection laws, including Section 5...more
Credit card surcharging is on the rise. Imposing a surcharge in a compliant manner is more than adding a fee at the point of sale. Below we review on a high level the legal and commercial considerations for merchants before...more
On January 16, 2025, Yellowstone Capital and other entities, along with Yellowstone officers Isaac Stern and Jeffrey Reece, settled claims by New York Attorney General Letitia James that Yellowstone and the other entities...more
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
The payments industry continues to evolve in response to the demand for flexible, fast, and secure payment options. Innovations have included payment facilitation, push-to-card services, and real time payments, among others....more