Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Costs of Cashless Transactions Raise Conflicts Between Franchises, Card Issuers, Banks

By Kevin Adler
August 30, 2012

For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly “cashless” economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.

Two major lawsuits ' one possibly reaching settlement ' highlight the importance that merchants place on reining in those fees. The fees can cut significantly into margins for quick-serve restaurants, convenience stores, and many other franchises that complete large numbers of small transactions. As a result, franchisors and franchisees are on the same side of the table in opposition to some of the largest financial institutions in the United States. Yet, as developments indicate, nothing is settled at this time, and even the proposed solutions are controversial.

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.