That is how Heather Mark—director of compliance at ProPay and our guest for this week's PaymentFacilitator.com podcast—sees the environment. When all of the conflicting particulars are set aside, there are only two situations where a PF gets into the money transmitter definition mess. First, there is the issue of "who has the ultimate control of the funds being transmitted," Mark said. Secondly, she points to circumstances "where payment facilitators are injecting themselves into the payments process." If a PF's activities take it into either of those scenarios, "then chances are pretty good that they will fall under the money transmitter provision," Mark said.
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