Archive for October, 2008

What Hidden Merchant Account Fees Should You Watch Out For?

We all frequently read about various types of scams to look out for, warnings of Packet Sniffing, and stolen card numbers. The real scams to look for are the ones that are directly on your merchant account application. Fees seem to suddenly pop up after you have signed your agreement.

One of the most interesting scams that has come up frequently is related to hidden merchant fees. This scam entices merchants to apply for accounts at low rates with a brief quote. They conceal fees, rates, and many various extra charges. When applying for a merchant account, is important to stay away from advertisements that claim to have the lowest rates around. Some key fees to ask for are: discount rates, mid qualified rates (keyed rates), non qualified rates (rewards card and purchase card rates), transaction fees, setup fees, annual fees, statement fees, services fees, PCI Compliance fees, merchant club fees, and early termination fees.

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Will Merchants Be Able To Negotiate Interchange?

October 27, 2008 Posted by Michael Brooks in Payment Industry

In previous posts I have written about HR 5546 which will allow merchants to negotiate their Interchange Rates directly with Visa and MasterCard. As I have been following the developments, it seems as if the National Retail Federation is making the card processing companies out to be deceitful. In many articles the NRF has referred to Interchange fees as “hidden costs,” and also as being the cause of consumers paying more for goods. Interchange is public record.

HR 5546 is also known as the Credit Card Fair Fee Act of 2008. This bill would require Visa and MasterCard to negotiate with merchants and reach an agreement on credit card terms and conditions. If an agreement is not reached, both sides will be required to submit their final offers to binding arbitration by a three-judge panel appointed by the Department of Justice and Federal Trade Commission.

Before a bill is passed it has to go through several phases:

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Is Your Company’s Wi-Fi Network Secure?

October 23, 2008 Posted by Michael Brooks in Industry Compliance

WEP (Wired Equivalent Privacy) is an algorithm used to secure wireless networks. Many major retailers, such as TJ Maxx, use WEP and have recently been hacked into. Many weaknesses have been identified when using a WEP connection and it has been known to be easily hacked.

In the PCI DSS 1.2 Summary of Changes, the PCI Security Standards Council announced several adjustments to the wireless network security requirements:

  • Wireless must be implemented using strong encryption for authentication and transmission. The Council cites IEEE 802.11i as an appropriate example.
  • Merchants are no longer permitted to deploy any new Wired Equivalent Privacy (WEP) networks as of March 31st, 2009.
  • Merchants using WEP networks must transition to Wi-Fi Protected Access (WPA) security no later than June 30, 2010.

Converting to WPA should be a fairly easy process. Most technical websites show that all wireless equipment manufactured since late 2003 comes standard with WPA (Wireless Application Protocol), which is an open standard for application layer network communications in a wireless environment. It is mainly used to enable mobile phones.

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The Red Flag Deadline is Approaching

October 21, 2008 Posted by Michael Brooks in Industry Compliance

Although Red Flag Rules were created to protect against identity theft, are some types of businesses more affected then others? In previous blogs I wrote about how merchants are not getting a fair shake when it comes to these rules, and many law suits have been filed against merchants. Different industries face government fines because they say some of the rules are difficult to follow.

For example, car dealerships fear they will not be able to comply. Since car dealers extend auto financing, they are considered creditors. Dealerships argue that it is very difficult to detect suspicious or unusual activity, and most of their staff is not trained to look for these types of things. According to Andrew Koblenz, the National Automobile Dealers Association’s general counsel, “We want to fight identity theft, and dealers have a tremendous self-interest in not selling a car to an identity thief, but the real world impact is that it would burden dealers.” Auto dealers speculate it could add as much as five hours to the loan application process.

The healthcare industry also falls into the category of creditor. If a hospital offers payment plans so patients can pay in installments, the hospital would be considered a creditor as well. Non-profit organizations and government entities that defer payment for goods or services are also considered a creditor. For the healthcare industry, the Federal Trade Commission is responsible for interpreting and enforcing the Red Flag Rules.

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Visa Inc. Pushes For Mobile Technology

Visa has always been on the cusp of technology and is always looking for new and innovative ways to expand their sphere of influence. Visa is launching four new programs that allow payments and services via mobile devices. Two such programs are being launched in Brazil and Korea, and the other two will be in the United States.

Previously, I have talked about Google’s Android platform working with Visa on a service that sends you an alert if any payments have been made on your Visa card. This is great in helping to protect against fraud, and will also help in locating ATMs, but I don’t consider this to be a new technology.

In 2007, Visa partnered with Qualcomm, a wireless chip developer, to create technologies that allow consumers to make credit card transactions with a cell phone and a reading device. This would add another way for wireless carriers to make additional revenue by being paid a percentage of the transaction.

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Are You Getting Taken Advantage Of By Credit Card Processors?

October 16, 2008 Posted by Michael Brooks in Payment Industry

I would say that the merchant services industry is competitive, and even cut throat in some cases. Many merchants have been taken advantage of by processors’ ads of low teaser rates and costly equipment. I was working on a very large merchant account this past week and felt that the proposal we put together was honest, fair, and was beneficial to the merchant. I got a call from the prospective merchant saying that they had a quote from another processor that doubled their savings. With the small margin in the account, the savings they promised seemed too good to be true. After reviewing the quote I noticed that the processor offered the same rates as I did. So how did they get double the savings?

I then noticed the sales agent wrote, “We will save you X amount of dollars by educating you on how to make your non-qualified EIRF (Electronic Interchange Reimbursement Fee) qualified.” What they did was take the non-qualified transactions and told her they would be qualified, so she would pay less Interchange fees on those transactions.

This situation happens often, and merchants are not always aware of what to look for or who to trust. There is no way this merchant services provider could guarantee what interchange category each card will fall into.

Here are some tips to ensure you are being treated fairly:

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Do the Big Banks Do Enough To Keep Identity Safe?

October 14, 2008 Posted by Michael Brooks in Industry Compliance

In previous posts I’ve talked about identity theft and ways to prevent fraud, but are our banks doing enough to protect its customers? Recently thousands of consumers’ personal information was stolen from Wells Fargo. MicroBilt which is the self proclaimed “single source industry leader in risk management information” notified Wells Fargo of the breach caused by a stolen employee code. Wells Fargo declined to comment on what alerted MicroBilt. So how did Wells Fargo make this up to their customers? They offered them a one-year free subscription to their identity theft protection service. I feel this service should already be free and mandatory to all customers and not only to those who may have had their identity stolen.

In similar news, thieves made off with ATM PIN Codes and account numbers from Citibank ATMs. Does this mean that Citibank ATM PIN numbers were not encrypted like they were supposed to be? The bank has about 5,700 ATMs, owned and operated by Cardtronics Inc and Fiserv Inc, inside 7-Eleven stores across the United States. How were these hackers able to access the system? Citibank has refused to comment much like Wells Fargo.

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Will the New Housing Bill Sting the Card Processing Industry?

October 14, 2008 Posted by Michael Brooks in Payment Industry

Today’s economy gives new meaning to the phrase what goes around comes around.  The new Housing Rescue Bill has turned into the Salem Witch trials for merchants and the payment processing industry. The Housing and Economic Recovery Act of 2008 was intended to help homeowners on the verge of bankruptcy and foreclosure and to calm the overall real estate market. Politics unfortunately comes at a price, and nothing is certain but death and taxes. With this new bill tax laws were changed and some speculate for the worst.

One of the tax laws that were amended involves the tracking of credit card transactions. Credit card processing companies will now be required to send a report to the IRS and the merchant with total annual gross payment card receipts. Merchants are worried about higher costs incurred under the new rule. The credit-card companies or the banks are going to have to build this reporting system out and that cost is likely to be passed on to the merchants.

Some major items that will affect the way merchants do business are:

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Is FACTA Really Fair and Accurate?

FACTA (Fair and Accurate Credit Transactions Act of 2003) allows consumers to be able to obtain a free credit report once every twelve months from each credit reporting agency. More importantly, the act was created to help reduce identity theft. With the state of our current economy, credit card and identity theft is on the rise. This is affecting not only consumers but merchants alike.

On November 1st 2008 FACTA has a deadline in place called the Identity Theft Red Flags Rule. Red Flags are indicators of a possible risk of identity theft. Red Flag rules listed in Section 114 of FACTA explains each rule and how to develop ID theft prevention programs. These rules apply to any business, bank, or issuer that offers credit or any type of finance option. Many financial institutions are not taking the deadline seriously since the first Office of Thrift Supervision audits will not occur until February of 2009. Merchants all together have become savvier and typically try to comply and report any red flags, but some may not know who to report these red flags to.

Although we all want our credit card information to be secure, it seems that merchants are not getting a fair shake when it comes to FACTA. Many class action lawsuits have been filed against a number of retailers. Recently, there was a class action law suit filed seeking willful damages based on printing of credit card expiration dates on receipts. The merchant was seeking $100 to $1000 for each violation. This applies to both paper and electronic receipts. Most mom and pop merchants would expect that their card processor would ensure that they are up to code. This is not always the case. Merchants should review the FACTA rules regardless of their size. The Supreme Court is currently reviewing willfulness and “reckless disregard” and expects to have a decision this quarter. 

Are Visa And MasterCard Going Too Far?

October 8, 2008 Posted by Michael Brooks in Card Associations, Payment Industry

In recent news, Discover Financial Services has been going round and round in a lawsuit with Visa Inc. and MasterCard Inc. Discover claims restrictions were placed by Visa and MasterCard – the world’s two largest card companies – on banks to stifle competition and violate antitrust laws. Visa and MasterCard argue that Discover simply has not been able to close partnerships with banks because of the smaller fees that are made on their cards. But this is just one of many recent complaints about Visa’s and MasterCard’s practices.

Visa and MasterCard are under the gun in Congress as well, for price-fixing and price gauging practices. The Credit Card Fair Fee Act (HR 5546/S 3086) stops the price fixing by Visa and MasterCard by insisting upon the use of a transparent market-based process. Some may say these are anti competitive practices, while others speculate that regulation is necessary.

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