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Recent opinion provides welcome clarity on Oklahoma’s position on surcharge ban enforceability, relating to electronic payment processing

Judicial developments surrounding the legality of credit card surcharging have made keeping up with the latest news on this issue a challenge. Currently, there are several states with laws in place prohibiting surcharges. Merchants have challenged the constitutionality of these laws in court, sometimes with some confusing results.
Continue Reading Oklahoma AG: Surcharges OK

Kites flying outside the Kite Loft in Ocean City, Maryland. OCMD is a resort town in the U.S. state of Maryland between the Atlantic Ocean and Isle of Wight Bay. It features miles of beach and a wooden boardwalk lined with restaurants, shops and hotels. At the boardwalk's southern end, Trimper’s Rides has hosted theme-park attractions for decades. The surrounding waters are active with kayaks and tour boats, some of which journey to popular Assateague Island nearby. This photograph was take in 2020, by Jeff McLain. Please credit appropriately.
Jeff McLain, Unsplash

The Maryland legislature has passed legislation that, if signed by the Governor, will require merchant acquirers to revise their merchant applications and agreements. Under the proposed law, merchant services providers, financial institutions, independent sales organization (ISO’s), or any subsidiary or affiliate of those entities (“Credit Card Processors”) will be required to provide merchants with specific disclosures and notices clearly and conspicuously within the merchant agreement. We interpret this to include payment facilitators. There is also a cap on the fees or penalties that a Credit Card Processor can levy against a merchant for its cancellation of the merchant agreement.
Continue Reading Legislative Watch: New Merchant Agreement Requirements