At Rome & Associates, our attorneys have deep and multi-faceted experience and skills to address your business’ electronic payment processing needs in both litigation and transactional matters, involving both domestic and international electronic payment processing issues.
Domestic and international electronic payment processing issues can entail a web of technological issues, tiers of financial service providers, jurisdictional matters, Card Brand rule issues and laws from varying jurisdictions. Our attorneys have years of experience in navigating these issues in negotiating deals, drafting policy documents, terms of service and, separately, in litigating disputes on behalf of merchants and payment processing professionals.
In litigation matters, we have assisted clients in resolving matters involving ISOs, IPSPs, acquiring banks, aggregators and “high-risk” merchants. We have obtained precedent-setting decisions on third-party liability of card associations, including Visa and MasterCard, and have successfully established U.S. jurisdiction over banks in the Philippines, St. Kitts, and Canada. Many such cases include complicated jurisdictional issues and we have success in establishing a jurisdictional nexus to litigate matters before U.S. courts. In regulatory matters, we are routinely requested to provide guidance and advocacy on payment processing issues during investigations by the FTC, state Attorneys General offices, and the DOJ, including fine reversals. We also assist in recovery of funds from foreign financial institutions.
Resolving EPP Claims in Your Favor:
The Payment Processing attorneys at Rome & Associates will work with your business to:
- Recover reserves withheld by banks (both domestic and offshore), payment processors, ISOs, aggregators and others in conventional and high-risk relationships
- Analyze residual reports and merchant statements as part of advocacy efforts aimed at recovering improperly claimed fees and in connection with litigation of disputes involving overcharging, fine assessments and wrongfully imposed fees
- Respond to payment processing litigation claims made by other parties against your interests and assess your risks
- Take decisive action to resolve all litigation claims either asserted by you or made against you through negotiation, arbitration, or litigation in all jurisdictions
- Advise your business on mitigation of electronic payment processing risks and strengthen your ability to reduce and/or eliminate litigation costs
- Partner Eugene Rome first chaired a trial resulting in a $9 million verdict on behalf of a Dutch payment processing company against one of the largest banks in the Philippines and its payment processing division. After a two-week trial in which our attorneys presented evidence of sophisticated processing fraud involving a complex, multi-jurisdictional networks of companies and individuals, the jury returned a unanimous verdict for our client on all counts (including conversion and fraud), awarding $1.5 million in actual damages and $7.5 million in punitive damages.
- On behalf of several high-risk merchants, we have prosecuted actions stemming from improper retention of reserves and assertion of “risk” against major U.S. banks, recovering the entirety of reserves and, in several instances, obtaining penalty payments as further compensation for the banks and processors’ conduct
- In a federal action, our attorneys represented a prominent businessman in a jury trial resulting from a failed referral relationship in the electronic payment processing space. We asserted claims on the businessman’s behalf relating to breach of an oral agreement and fraud and, following 2 hours of jury deliberations, obtained a $2.4 million judgement in our client’s favor for actual and punitive damages. Our lawyers subsequently defended the verdict before the Ninth Circuit Court of Appeals
- To date, our firm serves as counsel to both merchants and payment processing companies, whom we represent in all forms of transactional issues and disputes.