Class Action Merchant EMV Lawsuit Could Make The EMV Transition A Lot Messier

EMV has always delivered more than its fair share of headaches and surprises—and this week even has the MasterCard CEO doing some EMV griping of his own—but a class action lawsuit filed last week is raising yet another troubling EMV question. Is the liability shift appropriate if merchants have done everything in their power to embrace EMV? If backlogs from the card brands are why a merchant doesn’t have an EMV greenlight, is it fair to punish them with the liability shift?

Like every payments issue, there are details to be dealt with. Did the merchant submit all paperwork in a reasonable timeframe? One can’t file 10 minutes before the deadline and then blame the backlog for a lack of approval.
Still, it’s an interesting question. And the lawsuit from B&R Supermarkets and Grove Liquors goes further than saying that the backlog was unexpected or larger than expected. The filing accuses the card brands—and other payments players—of deliberately being slow, in an attempt to push off liability costs on as many merchants as possible, regardless of their EMV efforts.

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Reading The SEC Filing Tea Leaves: What To Make Of New Visa/Square And Amex/Costco Details?

As a business reporter, nothing is more relaxing than sitting back with a pile of freshly-filed SEC documents and digging in. But two different filings this week—related to Visa/Square and Amex/Costco—may have raised a lot more questions than they answered.

Let’s set aside the numbers for the moment. Visa has a slice of Square and has had it for years, as the cardbrand has previously disclosed. There was never a need to disclose the exact size of Visa’s investment or the equity stake because Square was privately held at the time of the investment and it certainly wasn’t material to Visa. That forces the question: Why disclose the numbers now?

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Visa Offering More Goodies For PF Merchant Magicians

When Visa on Tuesday (Feb. 9) officially rolled out its Visa Consumer Transaction Controls program, it provided puzzle pieces that payment facilitators are much better positioned to use than others in the payments arena.

What the program does is it allows account holders “to set simple, convenient, and effective spending controls, receive transaction alerts, or even temporarily suspend their accounts using a simple on/off feature,” Visa said. “Spending controls can be applied to different transaction types, date ranges, or overall card spending to offer consumers visibility and control over their money. Alerts can be sent by text, mobile app, or email in when transactions take place.” The magic is that these are capabilities that Visa will support, but others will have to put the programming effort into integrating these apps, mobile devices and anything else. The apps that PF merchants will be using can leverage these or not. Few merchants will see much reason to put in the development talent to make them happen as they don’t directly boost sales. That’s where PF magic comes in.

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Visa Adds New Level 4 PCI Requirement, As The PF Attractiveness Gets A Lot Stronger

In a late holiday gift for PFs everywhere, Visa has upped the requirements for PCI Level 4 (small businesses) merchants. Specifically, as the end of January 2017, those small merchants “must use only Payment Card Industry (PCI)-certified Qualified Integrators and Reseller (QIR) professionals for point-of-sale (POS) application and terminal installation and integration.”

Although few would argue that using trained and approved vendors to do any POS work is not a good idea, merchants are already feeling that the burdens of getting and staying PCI compliant are too high. Given a PF’s willingness to take on all of the PCI aggravation, that offer just got more attractive to Level 4s.

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Payments Patent Potpourri: A Way For Visa To Ride The Payment Rails Faster

This is our weekly plunge into some of the more interesting patents awarded in the payments space.

Visa Needs To Ride The Rails Faster—And These Are Literally Rails. On Tuesday (Dec. 15), Visa was granted a patent that deals with how transactions can be approved quickly enough for the increasingly-popular mobile public transit payments.

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Court Of Appeals Speaks Up For The Payments Industry

When the Seventh U.S. Circuit Court of Appeals on Monday (Nov. 30) slapped down the Cook County sheriff for trying to cut off payments on behalf of Backpage.com, the appellate court in effect set new rules for payment processors and card brands. The panel didn’t voice an objection to Visa and MasterCard opting to cut off Backpage, but merely to a law enforcement agent trying to persuade—bully?—those businesses.

In short, the panel stood up for the payments industry and ordered that Sherriff Thomas J. Dart not “coerce or threaten credit card companies, processors, financial institutions, or other third parties with sanctions intended to ban credit card or other financial services from being provided to Backpage.com.”

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MasterCard Thinks It Can Standardize Mobile Loyalty. And It Might Be Right

For mobile payments to move into the massive adoption phase, some version of loyalty/couponing will be essential. Otherwise, once the novelty wears off, there are simply no sustainable reasons for shoppers to stick with mobile. But with every mobile player preparing to somehow push loyalty, the chance of having conflicting incompatible technology is all-but-certain. Can MasterCard change that?

On Tuesday (Nov. 17), the number two card brand introduced a loyalty middleware specification that it hopes will be adopted widely enough to give mobile loyalty a chance to grow seamlessly. Given that few if any mobile payment schemes will be offered without support for at least one issuer’s MasterCard, the card brand seems a sufficiently politically neutral player to sidestep the usual vendor resistance. In MasterCard’s statement, the brand said it’s proposed specification “enables mobile applications to offer a seamless connection between payment, promotions and loyalty redemption. It enables consumers to select their loyalty card, the coupons/promotions they want to redeem, and make a payment in a single or double tap at a contactless terminal.”

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