Of Counsel
Brad represents a wide range of clients doing business in the payments industry, including acquirers, third party agents (ISO/PF/TPP), sales agents and high-risk merchants, in both litigation and transactional matters.
With respect to payments litigation, Brad has extensive experience prosecuting and defending residual disputes, billing disputes, and reserve recovery matters, involving breach of contract, fraud, theft and UCL claims. As a plaintiff’s lawyer, Brad has successfully recovered tens-of-millions of dollars in wrongly withheld residuals and merchant funds for his clients; and is actively litigating multiple class action lawsuits on behalf of merchant clients against acquirers and their member service providers for improper billing practices.
Brad also works on behalf of these same types of clients to resolve these same categories of disputes in good faith to avoid the need for litigation. For example, Brad has used his informal advocacy skills to get countless merchants off of MATCH by convincing the acquirer that the merchant’s addition was made “in error.”
On the transactional side, Brad routinely drafts, reviews and negotiates ISO, PF and other types of third party agent agreements; sales agent agreements; portfolio deconversion, BIN transfer, and portfolio purchase agreements; merchant and sub-merchant agreements; and personal and cross-corporate guarantees.
Brad performs chargeback recovery services for private jet charter companies and other big ticket merchants. Brad also counsels these same types of clients on chargeback avoidance and mitigation strategies, and provides them with compliance counseling regarding their payments practices, including surcharging and convenience fees.
Brad routinely counsels high-volume e-commerce merchants on a wide range of regulatory and card brand compliance issues, including the Federal Trade Commission Act, the Restore Online Shoppers Confidence Act, Click-to-Cancel, Telephone Consumer Protection Act, Children’s Online Privacy Protection Act, the California Consumer Privacy Act, the California Privacy Rights Act, the California Automatic Renewal Law, and the Visa and Mastercard Rules for Negative Option Merchants.
Brad has also helped a wide range of businesses and individuals (including online marketers, sales agents and payment processors) to respond to Civil Investigative Demands, and obtain favorable resolution of Civil Enforcement Actions, by the Federal Trade Commission and State Attorneys General; and routinely defends businesses against individual and class action lawsuits brought under the TCPA and the California Unfair Competition Law, among other statutes.
Brad is a member of the California bar and is licensed to practice in the state and federal courts of California. He also routinely works with trusted local counsel to represent clients in arbitrations, state court actions and federal district court actions throughout the United States, including Arizona, Florida, Illinois, Ohio, Nevada, New York, Pennsylvania, Rhode Island, Texas, Utah, Washington and Puerto Rico.
Brad obtained a Bachelor of Arts from University of Pennsylvania in 1994, and a Juris Doctorate from UCLA School of Law in 1998.
Brad is a fluent Spanish speaker.
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