Practice Area

High Risk Merchant Representation

The attorneys of Rome LLP have over a decade of experience successfully representing parties before the FTC who are engaged in high risk merchant representation, including merchants, payment processors, independent sales organizations (ISOs), and sales agents.

The FTC has increasingly taken a hard line on pursuing enforcement actions against such parties for processing allegedly fraudulent charges, but we have achieved spectacular results for our clients in this area, assisting them in reaching favorable resolutions with the FTC, advising them on practices and structures which act to reduce their potential liability with the FTC, and in providing counsel to assist in avoiding problems before they occur.

Ways in which our attorneys advise clients on high risk merchant representation include: 1) providing risk management advice and ongoing counsel; 2) providing consultation on processing solutions that minimize future liability; 3) providing ongoing counsel and representation on issues relating to reserves and reserves recovery; 4) assisting with structuring issues; 5) providing advice on card brand fine issues; and 6) defending clients in front of the FTC. In the last year alone, we have counseled over a dozen merchant groups on the above issues, and we have recovered over $10 million on behalf of merchants in reserves from domestic and offshore banks.