News & Analysis as of

Merchants Federal Trade Commission (FTC)

Venable LLP

Drip Pricing, Surcharging, and the Push for “Total Price” Disclosures

Venable LLP on

One of the questions that remains uncertain among looming federal and state “junk fee” and “drip pricing” bans in 2024 concerns the impact these rules will have on credit card surcharges. Surcharges are added to sale...more

Arnall Golden Gregory LLP

BlueSnap: The FTC Remains Aggressive and Sheds New Light on Disfavored Merchant Verticals, Acquirer Practices

On May 1, 2024, the FTC filed suit against BlueSnap, an international payment facilitator, along with two of its executives, simultaneously submitting a stipulated order containing both monetary and non-monetary relief. The...more

Sheppard Mullin Richter & Hampton LLP

FTC Notifies Online Marketplaces of Obligations Under INFORM Act

On June 20, the FTC announced that it has sent letters to 50 online marketplaces nationwide notifying them about their obligations to comply with the new Integrity, Notification, and Fairness in Online Retail Marketplaces...more

Venable LLP

Increasing Regulatory Scrutiny for the Merchant of Record Model

Venable LLP on

The Federal Trade Commission (FTC) recently announced a settlement with a group of related companies and two of their officers that used a merchant of record (MoR) model to facilitate sales for merchants. According to the...more

Orrick, Herrington & Sutcliffe LLP

FTC, Florida AG sue “chargeback mitigation” company

On April 12, the FTC and the Florida attorney general filed a complaint in the U.S. District Court for the Middle District of Florida alleging a “chargeback mitigation” company and its owners (collectively, “defendants”) used...more

Orrick, Herrington & Sutcliffe LLP

FTC orders card company to let merchants use other debit networks

On December 23, the FTC ordered a payment card company to stop blocking merchants from using competing debit payment networks. According to an agency investigation, the company allegedly violated provisions of the Durbin...more

BakerHostetler

Not Every Payment Processing Case Is the Same - the Latest FTC Case Provides Some Helpful Reminders

BakerHostetler on

Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable...more

Foley & Lardner LLP

What You Need to Know About Automatic Renewals

Foley & Lardner LLP on

We live in the age of “Have it fast! Have it now! Have it without hassle!” At the same time customers are demanding ease in online transactions, businesses are naturally seeking to meet consumer demand while reducing...more

Arnall Golden Gregory LLP

Blind Eyes and Active Assistance: An FTC Commissioner Sheds Light on Regulatory Expectation for the Payments Industry

Regulatory scrutiny of the payments industry remains intense. Meanwhile, regulators’ expectations of payment processors, ISOs, and payment facilitators have never been higher. Recent enforcement actions have not been limited...more

Davis Wright Tremaine LLP

FTC Leads Renewed Enforcement Focus on Payment Processors

Complaints alleging widespread institutional failures in controlling fraudulent payment processing activity; rogue merchants charging consumer accounts thousands of dollars based on dubious or nonexistent authorizations; and...more

Bradley Arant Boult Cummings LLP

FTC and NY AG Target Merchant Cash Advance Companies

On June 10, 2020, the Federal Trade Commission and the New York Office of the Attorney General filed actions against two merchant cash advance (MCA) companies – RCG Advances and Ram Capital Funding – and individuals...more

Orrick, Herrington & Sutcliffe LLP

Fraud Alert: Payment Processors And ISOs Must Ensure That Their Compliance Procedures Can Detect COVID-19 Fraud

The Federal Trade Commission (“FTC”) plans to aggressively police companies that use deceptive marketing to take advantage of consumers’ fears relating to the COVID-19 pandemic....more

Robins Kaplan LLP

Financial Daily Dose 9.11.2019 | Top Story: Hong Kong Stock Exchange Makes Surprise Bid for London Exchange

Robins Kaplan LLP on

There’s some surprise market wheeling and dealing afoot this morning. The Hong Kong stock exchange has offered to buy its London counterpart as part of a deal valued at $37 billion that would connect “the established...more

Ballard Spahr LLP

FTC permanently bans payment processor for violating 2009 order requiring monitoring of merchant clients

Ballard Spahr LLP on

A payment processor and its individual owner have entered into a settlement with the FTC to settle charges that they violated a 2009 federal district court order that required them to review and monitor their merchant clients...more

White & Case LLP

Consumer financial services: The road ahead: Payment processing

White & Case LLP on

The CFPB continued to be active in the consumer payments space in 2018, while the Federal Reserve and market participants considered the future of payment processing, including the development of faster payment systems....more

Perkins Coie

Takeaways From TRANSACT: Payments Industry Legal and Regulatory Trends

Perkins Coie on

Earlier this month, the Electronic Transactions Association (ETA) hosted its annual TRANSACT conference to connect and educate the various branches of the payments industry. Industry leaders spoke on technology, security,...more

Polsinelli

DOJ-AmEx Case Could Have Ramifications for Health Care Providers

Polsinelli on

The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more

Kelley Drye & Warren LLP

FTC Requests Auditors’ Data on PCI Data Security Assessments

Earlier this week, the FTC issued orders to nine credit card and payment security auditors in an effort to gain insight into data security compliance auditing and its role in protecting consumers’ information and privacy....more

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