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Experience Connections Knowledge

January 2, 2019 | Holli Targan

GDPR Applicability to U.S. Merchants, Processors and Acquirers

The EU General Data Privacy Regulation (GDPR) was adopted in 2016 and went into effect on May 25, 2018. The GDPR is a framework regulation that is designed to provide a uniform regime to protect the privacy of an individual of the European Union (“data subject”) whose personal data is collected, stored, or processed. The …

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October 15, 2018 | Daniel Ungar

The California Consumer Privacy Act

Following closely on the heels of the EU’s General Data Protection Regulation (GDPR), California recently enacted its own consumer privacy law called the California Consumer Privacy Act of 2018 (CCPA). The law, which requires protection of personal information of California residents, was passed in June and then amended in late September. Merchants and payment processors …

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October 9, 2018 | Daniel Ungar

Texas Latest State to have Surcharge Ban Declared Unenforceable by Federal Courts

In March 2017, the United States Supreme Court issued its opinion in Expressions Hair Design v. Schneiderman, on a challenge to New York’s law prohibiting credit card surcharges. The Supreme Court held that the law restricts merchants’ speech by banning surcharges while allowing cash discounts—two similar business models that differ only by how a merchant’s …

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August 24, 2018 | Daniel Ungar

Surcharges, Convenience Fees, & Cash Discounts

It’s hard to be a cash-only business, especially when businesses are expected as a matter of course to accept credit and debit cards. But processing fees can make merchants hesitant to sign up for transaction processing services, and many payment processors want to offer merchants the ability to pass processing costs through to the customer. …

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January 23, 2018 | Holli Targan

The Third Stark Lesson: ISO Liable Under TSR For All Merchant Fraud Damages

On December 13, 2017, the United States Court of Appeals for the Eleventh Circuit held that an independent sales organization can be held liable for all damages suffered by consumers as a result of a merchant’s violation of the Telemarketing Sales Rule (“TSR”).  The court rejected the ISO’s argument that its liability should be limited …

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January 16, 2018 | Nicole Meisner

Marijuana Banking & Payments: The Impact of AG Sessions’ Recent Memo

On January 4, 2018, U.S. Attorney General Sessions formally rescinded guidance issued by the Department of Justice (DOJ) during the Obama administration related to the DOJ’s approach to the enforcement of state-legalized marijuana activity.   Sessions replaced the former guidance by issuing a memo (“Sessions Memo”) that instructs U.S. Attorneys to “follow the well-established principles that …

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