Payment Law Advisor Legal Commentary and Resources for the Payment Industry

Davis Wright Tremaine

Posts by Davis Wright Tremaine

A Survey of Activities Identified as Unfair, Deceptive, or Abusive by the CFPB

Posted in Litigation and Enforcement Resources, Regulatory Compliance/Federal Agencies Resources

DWT payments team member Adam Maarec recently co-authored an article entitled “A Survey of Activities Identified as Unfair, Deceptive, or Abusive by the CFPB,” published by the American Bar Association. In January 2014, the authors released a survey of activities identified as unfair, deceptive or abusive (UDAAP) by the CFPB in 2012 & 2013. The new article updates the previous… Continue Reading

DWT Payments Team Members at Money2020

Posted in General

With 3,000+ attendees, including 300+ CEOs, from 1,250+ companies and 50+ countries, Money2020 is the premier destination for the global community of innovators in Payments and Financial Services and the intersection with Retail, Mobile, Marketing Services, Data, Technology and other sectors that are profoundly changing how people and businesses manage, spend and borrow money. Money2020… Continue Reading

Am Law Lawyers Help Bring Bitcoin to the Masses

Posted in Resource Database

As The Am Law Daily‘s Juan Ferrer reports, Bitcoin’s move toward the mainstream is the latest wrinkle in a so-called emerging payments sector that some law firms see as offering growth opportunities. For more information, including commentary on the subject from DWT partner Andy Lorentz, click here.

Legal and Technical Security Challenges for Cloud-Based Mobile Payment Solutions

Posted in Privacy and Data Security

DWT partner Randy Gainer will speak at the Electronic Transactions Association’s (ETA) upcoming Compliance Day on April 30 to address the topic of “Legal and Technical Security Challenges for Cloud-Based Mobile Payment Solutions.” Compliance Day kicks off ETA’s 2013 Annual Meeting and Expo. For more information about the event or to register, click here. For… Continue Reading

Cloud Services and Related Big Data Issues Seminar — Seattle, April 29-30

Posted in Deals and Technology

As “the cloud” becomes ubiquitous for business and consumer applications, and harnessing “big data” presents novel challenges and opportunities, it is time for a deep dive into the implications of the cloud and big data for the global legal system. Are current legal structures adequate to define and enforce the rights and liabilities of cloud… Continue Reading

Social Media: What You Need to Know to Meet New Regulatory Expectations — April 23 Webinar

Posted in Regulatory and Compliance

Webinar, April 23, 2-3:30 PM Eastern. Using social media in your bank can have significant marketing and recruitment value. It can also bring outsized reputation risk and regulatory risk to your institution, too. Larger banks keep teams of lawyers on staff to help mitigate the fallout from a misguided social media message, but smaller financial… Continue Reading

Mobile Payment Litigation Risks: Free Webinar

Posted in Privacy and Data Security

At 9 AM Pacific/12 PM Eastern on March 28, DWT partner Randy Gainer will present a free webinar entitled “Mobile Payment Litigation Risks.” Attendes will learn how: 1. Weak computer network and mobile security may permit theft of payment data 2. Businesses may collect user information from smartphones without sufficient user permission 3. Consumer class… Continue Reading

Modifications to HIPAA Rules Impacts Financial Institutions — Informational Webinar

Posted in Regulatory and Compliance

On January 25th, the U.S. Department of Health and Human Services published major modifications to the HIPAA privacy, security, and breach notification rules in the Federal Register. These rules will significantly impact many financial institutions that service health care providers and health plans, potentially making them directly liable for penalties under HIPAA for noncompliance. This… Continue Reading

Single Purpose Commercial Prepaid Cards and Their Implementing Practices in Shanghai

Posted in Global Insights

In September 2012, the Ministry of Commerce (“MOFCOM”) issued the Administrative Measures on Single Purpose Commercial Prepaid Cards (Tentative) (“Single Purpose Cards Measures” — click here for the measures in Chinese and click here for an English translation), which took effect on Nov. 1, 2012, and provide the basic principles on the issuance and regulation… Continue Reading

CFPB’s Trial Disclosure Program Open for Comment

Posted in Regulatory and Compliance

The CFPB is currently seeking comment on its proposed “Policy to Encourage Trial Disclosure Programs.” The Policy is intended to “encourage banks, thrifts, credit unions, and other financial services companies to innovate by proposing and conducting” trial consumer disclosures for limited test periods, subject to the terms and conditions approved by the CFPB. The trial programs… Continue Reading

ECB Approves Oversight Expectations for Links Between Retail Payment Systems

Posted in Global Insights

From William James, Partner, Addleshaw Goddard On 23 November 2012 the Governing Council of the European Central Bank (ECB) approved the “Oversight expectations for links between retail payment systems”, which lay down Eurosystem oversight requirements with regard to links established by retail payment systems operating in the euro area. These expectations focus on ensuring the… Continue Reading

Video: Mobile Payments and Marketing Compliance Presentation from RAMP

Posted in Privacy and Data Security, Regulatory and Compliance

In October, DWT lawyers Andy Lorentz, Ken Payson, and Ronnie London presented on “Mobile Payments and Marketing Compliance” at the RAMP Advanced Commerce and Mobile Retail Services Summit in Chicago. The presentation covered topics including: Overview of the Regulatory Regime Less-Obvious Compliance Issues Potentially Significant Exposure from Seemingly Innocuous Conduct Previously, we posted a link to… Continue Reading

Meeting Our Clients in the Future

Posted in General

DWT partner James Mann discusses the importance of understanding both the relevant regulatory framework and pertinent business and strategic issues in working with clients in the payments industry. James Mann – DWT Payment Systems Group from Davis Wright Tremaine on Vimeo.

FTC Proposes First Modifications to Children’s Online Privacy Protection Act (COPPA) Rules Since Original Adoption in 2000

Posted in Privacy and Data Security

The Federal Trade Commission (FTC) has issued a rulemaking notice proposing to update its rules implementing the Children’s Online Privacy Protection Act (COPPA) to reflect changes in technology and online practices, primarily, the popularity of social networking and the use of smartphones to access the Internet and provide location information. COPPA is intended to provide… Continue Reading