Not Every Payment Processing Case Is The Same – The Latest FTC Case Provides Some Helpful Reminders

Most of the Federal Trade Commission's (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable merchants. The latest payment processing case, however, has a bit of a novel twist and focuses instead on alleged deceptions aimed at the merchants that were using the defendant processor. Indeed, the case is a bit of a surprise, much like how I felt the other morning when I remembered that Renaissance had finally dropped. It (the case, not Renaissance) also provides some helpful reminders about three areas of interest to the FTC – small businesses, online disclosures and marketing in different languages.