Category: Legal


Credit Card Processing, Legal

Walmart Sues Visa: Who’s Right?

Ben Dwyer
by Ben Dwyer

Update – in November 2017, Walmart and Visa announced that they are settling the lawsuits. Details of the settlement have not been made public, though Visa made a public announcement that they’re pleased with the settlement decision. We’re leaving the rest of this article for historical purposes.  Setting the Stage: PIN vs. Signature Chip Cards […]

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A battle is brewing. Citing security issues, giant retailer Walmart has brought a lawsuit against Visa. At the end of June, 2016, Visa filed a countersuit. The news has spread like wildfire, and misconceptions are also spreading fast. Let’s take a look at what the lawsuit is actually about and address some of the incorrect info going around.

walmart

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Credit Card Processing, Legal

Tennessee’s Credit Card Processing Fee Disclosure Law

Ben Dwyer
by Ben Dwyer

Information provided in this article is for reference only. If you need legal advice regarding processor contracts or Tennessee’s law, consult an attorney. What is an effective rate? What’s good about Tennessee’s new law? What’s bad about the law? Why don’t bank-owned processors have to disclose the effective rate? What happens if a processor doesn’t […]

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Effective March 1, 2016, Tennessee became the first state in the nation to pass a law about processing fee disclosures. The law (SB0316) requires that merchant service providers not owned by a bank calculate and list the effective rate for credit card processing on each monthly statement. What does this mean for Tennessee businesses and are businesses in other states affected?

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Credit Card Processing, Legal

Early Termination Fees: Canceling Your Merchant Processing Agreement

Nate Baber
by Nate Baber

In this article, attorney Nate Baber from Aeton Law Partners, LLP explains exactly what to look for in your merchant contract and what to know before you cancel. Pull out your contract and take a look for these important pieces. First Things First: Personal Guaranty Where to Look for a Personal Guaranty Types of Termination […]

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At some point in business ownership, you’ll probably find yourself needing to cancel your merchant account for credit card processing. When you do, will you be stuck with cancellation fees? Can you be personally held responsible for ongoing costs, like chargebacks that occur after cancellation?

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Credit Card Processing, Legal

The FTC’s CardReady Lawsuit

Ben Dwyer
by Ben Dwyer

  What is CardReady? Why is CardReady getting sued? What is credit card laundering? What do I do if I use CardReady? Who is CardReady? CardReady is a payment processing company located in California. The company offers services for business that want to accept credit cards. Why is CardReady getting sued? CardReady is being sued […]

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It seems like there’s been a flurry of lawsuits and investigations in the payments industry lately, with Northern Leasing sued for racketeering, Mercury Payment Systems defending against a second lawsuit for deceptive pricing, and Vantiv embroiled in the DraftKings fantasy sports lawsuit mess. The newest lawsuit is against payment processor CardReady, and comes from the Federal Trade Commission and the State of Florida.

CardReady Lawsuit

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Credit Card Processing, Legal, Scams and Fraud

Northern Leasing Systems Lawsuit, Scam & Review

Ben Dwyer
by Ben Dwyer

Update: On June 9, 2020 the New York Attorney General won a court victory against Northern Leasing that vacates nearly 30,000 judgments and permanently bans Northern Leasing from engaging in the practice of leasing equipment. I’m proud to say that I had a small level of participation in the victory against Norther Leasing by advising […]

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Northern Leasing Systems is garbage. It defies logic that a company with a reputation as horrendous as Northern Leasing is still in business. It shouldn’t be. The company’s culture is defined by a well-documented history of rampant scams, fraud, lawsuits, and even being sued in federal court for racketeering.

Here’s a piece of advice if you’re thinking of leasing a credit card machine from Northern Leasing – don’t.

Northern Leasing Systems logo

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Credit Card Processing, Legal

Mercury Payment Systems Sued (Again) for Overcharging

Ben Dwyer
by Ben Dwyer

If that sounds familiar, it’s because it’s the same thing that Mercury was sued for by Heartland Payment Systems in 2014. Archer’s Barbeque v. Mercury Payment Systems Heartland Payment Systems v Mercury Payment Systems Mercury Payment Systems’ Reply Are these lawsuits accurate? How Mercury Payment Systems Adds Hidden Fees Do other processors add hidden fees? […]

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Two businesses have filed a lawsuit against Colorado-based Mercury Payment Systems, claiming the company adds hidden fees when charging businesses for credit card processing.

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Credit Card Processing, Legal, News

Visa, MasterCard Settlement & Your Business

Ben Dwyer
by Ben Dwyer

Many large plaintiffs oppose the current Visa and MasterCard settlement, and the fight looks far from over. Update: December 13, 2013 — According to the Wall Street Journal, a judge cleared the swipe-fee settlement. Earlier this month, Visa, MasterCard and several of the nation’s largest banks settled an antitrust suit with a group of seven […]

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Visa, MasterCard and several of the nation’s largest banks settled an antitrust suit with a group of seven million retailers. The suit, which dates back to 2005, accuses the card networks and banks of conspiring to fix interchange fees that businesses pay to process credit and debit cards.

Visa MasterCard Settlement

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Accounting and Finance, ecommerce, Legal

Online Sales Tax Rules for Ecommerce Businesses

Ben Dwyer
by Ben Dwyer

This decision overturns a 1992 ruling in Quill Corp. v. North Dakota in which the Supreme Court ruled that a business must have a physical presence in a state for that state to require it to collect sales taxes. That means that any online business did not have to pay sales tax in states where it did […]

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In 2018, the Supreme Court ruled in South Dakota v. Wayfair that states can require businesses to collect sales tax in states where they don’t have a business presence.

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