Practice Area

MATCH List Issues

Merchants that find themselves on the dreaded MATCH list – a list of merchants compiled by Mastercard who have been deemed to be too high a risk for banks to open a merchant processing account – can feel as though they have very limited options for restoring their reputation and opportunities for merchant processing capability.

There are steps that merchants can take to remove themselves from the MATCH list and rebuild their operations, and the payment processing dispute attorneys of Rome LLP represent the interests of merchants in resolving all MATCH list issues, which can include ongoing counsel and guidance as well as aggressive advocacy and litigation tactics.

There are a number of different ways that a merchant can end up on the MATCH list – from having too many chargebacks to questions about fraud and money laundering – but the end result is often the same, with merchants facing years on the list (five years or more in most cases) and unable to obtain merchant process capabilities from most banks. But when you work with Rome LLP, our attorneys will take immediate steps to assess your situation and explore all options for your removal, which can include negotiating with your bank as well as litigating relevant issues in court. Our attorneys have taken precedent-setting action against card brands in court, and we can go to the same lengths in your MATCH list dispute to achieve results in your favor and promote your ongoing business interests.

Resolving EPP Claims In Your Favor:

The Payment Processing attorneys at Rome LLP will work with your business to:

  • Recover reserves withheld by banks (both domestic and offshore), payment processors, ISOs, aggregators and others in conventional and high-risk relationships
  • Analyze residual reports and merchant statements as part of advocacy efforts aimed at recovering improperly claimed fees and in connection with litigation of disputes involving overcharging, fine assessments and wrongfully imposed fees
  • Respond to payment processing litigation claims made by other parties against your interests and assess your risks
  • Take decisive action to resolve all litigation claims either asserted by you or made against you through negotiation, arbitration, or litigation in all jurisdictions
  • Advise your business on mitigation of electronic payment processing risks and strengthen your ability to reduce and/or eliminate litigation costs

Our Results

  • Partner Eugene Rome first chaired a trial resulting in a $9 million verdict on behalf of a Dutch payment processing company against one of the largest banks in the Philippines and its payment processing division. After a two-week trial in which our attorneys presented evidence of sophisticated processing fraud involving a complex, multi-jurisdictional networks of companies and individuals, the jury returned a unanimous verdict for our client on all counts (including conversion and fraud), awarding $1.5 million in actual damages and $7.5 million in punitive damages.
  • On behalf of several high-risk merchants, we have prosecuted actions stemming from improper retention of reserves and assertion of “risk” against major U.S. banks, recovering the entirety of reserves and, in several instances, obtaining penalty payments as further compensation for the banks and processors’ conduct
  • In a federal action, our attorneys represented a prominent businessman in a jury trial resulting from a failed referral relationship in the electronic payment processing space. We asserted claims on the businessman’s behalf relating to breach of an oral agreement and fraud and, following 2 hours of jury deliberations, obtained a $2.4 million judgement in our client’s favor for actual and punitive damages.  Our lawyers subsequently defended the verdict before the Ninth Circuit Court of Appeals
  • To date, our firm serves as counsel to both merchants and payment processing companies, whom we represent in all forms of transactional issues and disputes.