Questions Every New Payment Facilitator Should Ask Its Payments Attorney

Under the latest card brand rules, payment facilitators are being held to exacting requirements. Note that the acquirer is now able to terminate a PF contract immediately with "good cause." So while state and federal regulation may get the bulk of the attention, those are hardly the only areas of potential rules-enforced disasters.

Visa's Core Rules, for example, have the PF being "liable for all acts, omissions, cardholder disputes, and other cardholder customer service related issues caused by the Payment Facilitator's Sponsored Merchants" and "is responsible and financially liable for each transaction processed on behalf of the sponsored merchant, or for any disputed transaction or credit." MasterCard similarly requires that "the payment facilitator must ensure that each of its submerchants complies with the standards applicable to merchants." Understanding the limitations and obligations that the card brands impose upon PFs is crucial to ensure the ongoing operations of business.