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    Overview

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    Businesses accepting payments by ACH and payment cards in the consumer and B2B context are faced with a nuanced set of legal, regulatory, and industry requirements which often fall outside the businesses' core competencies. The issues that arise are varied and complex, requiring a custom-tailored approach and unique subject-matter experience. The most frequently asked questions by clients are:

    • How to accept ACH and payment card payments over the internet and by phone?
    • How to ensure proper customer authorization of payment transactions?
    • How to ensure proper authentication of customers when they pay online or by phone?
    • How to accept recurring payments?
    • How to outsource payment processing while remaining compliant with security obligations?
    • How to ensure that sensitive payment information is secure?
    • How to respond to a breach of security affecting payment information?
    • How to comply with record retention requirements?
    • How to comply with a tangle of applicable laws, rules, regulations, and contractual obligations?
    • How to comply with laws and rules relating to surcharges and convenience fees to customers?

    We help clients answer these questions, anticipate issues and craft creative, practical solutions. Our team has targeted experience, developed by working with clients in a broad range of industries and contexts. We help companies design appropriate terms for online and telephone payments by credit and debit card and via ACH authorizations. We also help companies understand the requirements and nuances of Reg E, NACHA Rules and applicable payment card rules.

    We also help clients navigate their legal obligations under the Payment Card Industry Data Security Standards. Our representative PCI related experience includes:

    • Advising merchants in payment transactions regarding PCI DSS compliance obligations, including PCI requirements with respect to third party vendor contracting and vendor management
    • Reviewing and negotiating vendor agreements
    • Reviewing and negotiating third party payment processor agreements
    • Coordinating forensic investigations following a data security breach involving payment cards
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