educational

The Excited States of America

The above title is extremely fitting today in banking. The endless closing down of banks, the continued shutting down of business checking accounts for adulttype merchants and the unrelenting pressure for banks not to process for adulttype merchants demonstrates the applicability of this statement.

Further, there are three recent developments of which we should all be cognizant:

Regulators are specifically targeting merchants with chargebacks without regard to whether you are compliant or not with the payment rules.
  • A new U.S. government task force;
  • A new surge of UDAP (Unfair or Deceptive Acts or Practices) activity; and,
  • A focus on merchants with multiple accounts at multiple banks.

On Oct. 27, at the ETA’s Compliance Day in Chicago, a Federal Trade Commission official told attendees that the government has formed a task force to monitor third-party payment services providers. The stated goal is to prevent fraudulent merchants from obtaining merchant accounts and to shut down such merchants as quickly as possible if they defraud consumers.

The group has some very heavy hitters and includes the FTC, the Justice Department, the FBI, the U.S. Treasury Department’s FinCen antimoney-laundering unit, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.

Bank regulators have embraced UDAP, the acronym that stands for Unfair or Deceptive Acts or Practices to justify their investigation into certain merchant activity and thus be able to impose penalties on merchants who otherwise were compliant in their respective payment channels. It seems, nowadays, that there is so much attention on consumer protection that if a merchant has just one chargeback or one unauthorized transaction, then it is the belief of the regulators that a consumer was harmed and thus, there is enough evidence to warrant an investigation into the merchant’s practices.

The strength of this law is that it is very general, providing authorities with the ability to apply it to many different situations that arise. Currently, it is being used to address “unethical” or otherwise “bad” business practices that may not necessarily fall directly under the purview of a specific banking or consumer finance law.

It has come to the attention of the FTC specifically, but no doubt also to the payment associations, that merchants that have many merchant accounts across many banks may not be doing this for a business reason other than to keep their merchant account compliant under the card association rules.

A news article from Digital Transactions reported that the representative from the FTC stated: “We have found blatant misrepresentations on applications,” FTC representative said. Regarding one person trying to get multiple merchant accounts, she added, “We pay attention to little things that add up to the same person.”

She noted that the FTC has seen cases of 20 to 50 descriptors tied to one account. The purpose of so many accounts ultimately held by a single entity is to keep chargebacks in any one account below Visa Inc. and MasterCard Inc. thresholds that would draw scrutiny and even account closure.

This new task force, in theory, will speed up the communication and the “knowledge-bank” between these various entities to uncover questionable merchants. The fact that they are stating that they will be focusing on the ISO or third-party provider means that you will now have to answer more questions about your business so that the ISO/TPP can protect themselves. Further, as we have seen fewer banks in the marketplace, there will be fewer ISOs and third-party providers that will be willing to take on ecommerce business, let alone registered highrisk ecommerce merchants.

Regulators are specifically targeting merchants with chargebacks without regard to whether you are compliant or not with the payment rules.

And authorities are hunting for merchants who have multiple merchant accounts across multiple banks. Unless you have a reasonable business reason to obtain multiple accounts, anything beyond reasonable poses a risk. I would also suggest that if the only reason your merchant accounts are compliant is that they are under the number of chargeback threshold rule, then you need to discover the source of your fraud and better mitigate it. Speak with a knowledgeable firm to analyze your transactions and system to help you stay out of harm’s way.

Even with all the focus as detailed above, there is one thing that remains constant throughout the efforts: no authority is willing to investigate the other half of the transaction: That is the consumer.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

VerifyMy Seeks to Provide Frictionless Online Safety, Compliance Solutions

Before founding VerifyMy, Ryan Shaw was simply looking for an age verification solution for his previous business. The ones he found, however, were too expensive, too difficult to integrate with, or failed to take into account the needs of either the businesses implementing them or the end users who would be required to interact with them.

Alejandro Freixes ·
opinion

How Adult Website Operators Can Cash in on the 'Interchange' Class Action

The Payment Card Interchange Fee Settlement resulted from a landmark antitrust lawsuit involving Visa, Mastercard and several major banks. The case centered around the interchange fees charged to merchants for processing credit and debit card transactions. These fees are set by card networks and are paid by merchants to the banks that issue the cards.

Jonathan Corona ·
opinion

It's Time to Rock the Vote and Make Your Voice Heard

When I worked to defeat California’s Proposition 60 in 2016, our opposition campaign was outspent nearly 10 to 1. Nevertheless, our community came together and garnered enough support and awareness to defeat that harmful, misguided piece of proposed legislation — by more than a million votes.

Siouxsie Q ·
opinion

Staying Compliant to Avoid the Takedown Shakedown

Dealing with complaints is an everyday part of doing business — and a crucial one, since not dealing with them properly can haunt your business in multiple ways. Card brand regulations require every merchant doing business online to have in place a complaint process for reporting content that may be illegal or that violates the card brand rules.

Cathy Beardsley ·
profile

WIA Profile: Patricia Ucros

Born in Bogota, Colombia, Ucros graduated from college with a degree in education. She spent three years teaching third grade, which she enjoyed a lot, before heeding her father’s advice and moving to South Florida.

Women In Adult ·
opinion

Creating Payment Redundancies to Maximize Payout Uptime

During the global CrowdStrike outage that took place toward the end of July, a flawed software update brought air travel and electronic commerce to a grinding halt worldwide. This dramatically underscores the importance of having a backup plan in place for critical infrastructure.

Jonathan Corona ·
opinion

The Need for Minimal Friction in Age Verification Technology

In the adult sector, robust age assurance, comprised of age verification and age estimation methods, is critical to ensuring legal compliance with ever-evolving regulations, safeguarding minors from inappropriate content and protecting the privacy of adults wishing to view adult content.

Gavin Worrall ·
opinion

Account-to-Account Payments: The New Banking Disruptor?

So much of our industry relies upon Visa and Mastercard to support consumer payments — and with that reliance comes increased scrutiny by both brands. From a compliance perspective, the bar keeps getting raised until it feels like we end up spending half our time making sure we are compliant rather than growing our business.

Cathy Beardsley ·
profile

WIA Profile: Samantha Beatrice

Beatrice credits the sex positivity of Montreal for ultimately inspiring her to pursue work in adult entertainment. She had many friends working in the industry, from sex workers to production teams, so it felt like a natural fit and offered an opportunity to apply her marketing and social media savvy to support people she truly believes in and wants to see succeed.

Women In Adult ·
opinion

Understanding the Latest Server Processors

Over the last decade, we mostly stopped talking about CPU performance. Recently, however, there has been a seismic and exciting change in the CPU landscape, due to innovation by a chip company called Advanced Micro Devices (AMD).

Brad Mitchell ·
Show More