Payment Systems

Arnall Golden Gregory LLP’s Payment Systems and Financial Technology Practice works with financial services companies, card issuers, payment processors, independent sales organizations (“ISOs”), and payment facilitators to navigate the legal challenges unique to the payment and Fintech industries. Drawing on the years of experience representing organizations across the payments ecosystem, AGG combines its deep understanding of the industry and knowledge of emerging legal risks to deliver effective, efficient representation to the firm’s clients—with impressive results.

Representative engagements include:

Acquisitions and Contract Negotiations

  • Advising clients regarding service contracts, sponsorship agreements, and processing agreements with domestic and international partners, financial institutions, and merchants 
  • Advising payment processors and ISOs in connection with acquisitions and asset purchase agreements
  • Negotiating software platform agreements to provide consumer-facing payments experiences and to facilitate merchant onboarding and risk underwriting

Government Investigations and Litigation

  • Representing clients in, and advising clients regarding the risks associated with, FTC and CFPB enforcement actions, examinations, and investigations
  • Guiding payment processors, ISOs, and payment facilitators through compliance with civil investigative demands, supervisory reviews, and government subpoenas
  • Successfully representing payment processors and ISOs in disputes with the United States Government, state attorneys general, and bankruptcy trustees
  • Successfully defending claims brought by the FTC against payment processors and ISOs related to the ownership and proper disposition of chargeback reserve funds
  • Advising clients regarding risks associated with foreign government investigations

Merchant and Consumer Litigation

  • Successfully defending and prosecuting the rights of payment processors in litigation with current and former merchants, including, e.g., in disputes involving early termination of merchant agreements, unreimbursed chargebacks, alleged fee discrepancies, and misdirection of merchant funds
  • Successfully representing payment processors in class actions initiated by merchants and consumers challenging fees, processing agreement terms, and implementation of card-brand programs
  • Successfully representing payment processors in litigation challenging the validity of card-issuer liability assessment following data breaches
  • Successfully representing card issuers in disputes with cardholders under the FCRA, EFTA, the TCPA, and TILA

Government Relations and Regulatory Compliance

  • Assisting clients with the implementation of innovative platforms and practices under patchwork of federal and state regulations and card association rules
  • Providing compliance advice regarding a range of payments issues, including CFPB counseling, NACHA compliance, permissibility of surcharging, and participation in EBT programs
  • Creating comprehensive compliance guidance for Fintech and payments clients addressing state and federal laws, including money transmitter rules and regulations
  • Assisting clients within the payments industry with government relations and regulatory counseling, including FCRA compliance and data breach response
  • Assisting clients with respect to FinCEN requirements and domestic and international AML compliance

Bankruptcy Representation

  • National representation of payment processors in merchant bankruptcy cases, including prosecution of pre-petition and administrative claims, addressing setoff and recoupment issues, safeguarding pre-petition reserves and working to minimize chargeback exposure, defending alleged automatic stay violations, and defending avoidance actions by bankruptcy trustees
  • National representation of card issuer in the defense of preference and fraudulent transfer claims, under both the Bankruptcy Code and state statutes, brought by bankruptcy trustees, creditors’ committees, and court-appointed receivers