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Credit Card and Merchant Processing

Clients require attention to the details of the agreements and related regulations, sensitivity to the relationships with upstream and downstream parties, and an understanding of their business objectives.

Against a background of increasing and pervasive regulatory compliance issues, the credit card and merchant processing industry is facing considerable challenges arising from its multiple tiers of participants and related agreements. These agreements often contain highly technical descriptions covering legal and financial obligations of account use.  At McGrath North, we offer significant experience in handling difficult issues involving the different segments of the credit card processing industry. Our expertise derives from a detailed understanding of the governing documents and regulations, as well as an appreciation of the multiple relationships involved with the processing of transaction volume and the related allocation of risk and revenue.

Industry Experience: Credit card issuers, agent banks, transaction processors, independent sales organizations and merchants.

Representative transactions our attorneys have handled include representation of:

  • a card issuer with reference to advertising issues, drafting of cardholder agreements and Consumer Financial Protection Bureau compliance
  • independent sales organizations on several multi-million dollar sales of portfolios / interests in residuals
  • an independent sales organization in restructuring of processing relationship and sales representative relationships
  • a merchant in resolution of claims with processing bank and electronic gateway related to a cyber-attack presenting in excess of 100,000 transactions

LIBOR Update