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NewsBriefs






        Editor's Note: Following are excerpts from news stories recently posted   that those businesses were prone to illegal activities and
        under Breaking Industry News on our home page. For links to these and   posed a reputational risk to banks. Additional copies of the
        other full news stories, please visit  www.greensheet.com/breaking-  letter were sent to the U.S. Department of Justice, Federal
        news.php?flag=previous_breaking_news.                   Reserve and Office of the Comptroller of the Currency.
        Uber agrees to FTC privacy guidelines                   "Ordinarily speaking, law enforcement moves from

        Uber Technologies Inc. disclosed Aug. 15, 2017, it will   the specific to the general," Boyd wrote. "A bad actor is
        cooperate with a proposed consent order by the Federal   identified and then gradually the net widens to capture co-
                                                                conspirators or a larger criminal enterprise. OCP started
        Trade Commission by implementing stricter privacy
        guidelines. A court ruling upheld the FTC's proposal    by presuming  a  whole industry guilty  until individual
                                                                merchants prove their innocence."
        for repairing what the commission deemed to be Uber's
        egregious privacy policies. FTC Acting Chairman Maureen   OCP was launched in 2013 under the Obama Administra-
        K. Ohlhausen said Uber had both underplayed employee
        access to databases and failed to secure user and driver   tion as a joint effort among U.S. regulatory entities, the
                                                                most prominent being the DOJ, OCC and Federal Deposit
        information. Uber called one of its publicized practices
        "Creepy Stalker View," suggesting it was fully aware of its   Insurance Corp. In the name of reducing fraud and other
                                                                unscrupulous, illegal business practices in several high-
        unauthorized and illegal behavior.
                                                                risk industries, the initiative used  regulatory  powers to
        Peter Sims, founder and Chief Executive Officer of      heighten supervision of banks that do business with third-
        Parliament Inc., said he was contacted in October 2014 by   party payment processors serving those industries. The
                                                                goal was to choke off their flow of money, their lifeblood.
        an attendee at an Uber launch party where the company
        was streaming celebrity avatars in real time as they    ClearSale takes chargeback prevention on the road
        took Uber rides in New York City. "After learning this,
        I  expressed  my  outrage  to  her  that  the  company  would   The Green Sheet has previously reported on payment
        use my information and identity to promote its services   companies  ‒  Electronic  Payments  Inc.,  Vantiv  Inc.  and
        without my permission," he later blogged. "She told me to   ProPay Inc., for example ‒ that have conducted interactive
        calm down, and that it was all a 'cool' event and as if I   roadshows  to  augment  the   training of  ISOs,  merchant
        should be honored to have been one of the chosen."      level salespeople and merchants. Such shows have been
                                                                used to introduce new POS systems, demystify EMV
        Contactless lifting off                                 implementation and more. On Aug. 24, 2017, ClearSale

        In "The payments journey: From point of sale to points of   heralded a new roadshow. It took place in Mexico the
        commerce – Part 1", The Green Sheet, April 10, 2017, issue   week of Aug. 28 and was devised to address fraud and
                                                                high chargeback rates in that country.
        17:04:01, Dale S. Laszig wrote that the payments industry's
        history is "replete with examples of wide-scale migrations,   ClearSale, with U.S. offices in Miami, specializes in
        from paper to electronic data capture, and from mag-stripe
        to contact and contactless EMV (Europay, Mastercard and   chargeback prevention, said the Mexican market "has been
                                                                a challenge for online merchants, due to a poor reputation
        Visa) cards." Only months later, it appears the migration
        to contactless form factors is escalating. A new study   for fraud. Chargeback rates from the region are 2.8 times
                                                                higher than the global average, with decline rates in 2015
        from Juniper Research Ltd. predicted 53 percent of global
        POS transactions will be contactless within five years,   being as much as twice that of the global average," adding
                                                                that "fear of fraud can lead some merchants to avoid
        compared to 15 percent this year.
                                                                transactions with customers whose purchases originate
        The United States, which was the last developed economy   from Mexico." The company also pointed out that false
        to implement EMV, is expected to experience a significant   declines can damage a merchant’s reputation, with 32
                                                                percent of customers refusing to return to vendors where
        increase in contactless payments. In  POS & mPOS
        Terminals: Vendor Strategies, Positioning & Market Forecasts   their purchases were erroneously declined.
        2017-2022, Juniper reported that contactless payment    New York enacts bold cybersecurity law
        adoption in the United States would rise sharply over the
        period, from less than 2 percent of transactions this year   Security guidelines, initially proposed by the New York
        to 34 percent by 2022.                                  State Department of Financial Services (DFS), became law
                                                                Aug. 28, 2017. This sparked statewide audits and broad
        Cautious relief as Operation Choke Point ends           compliance measures among organizations deemed by the
                                                                department to be "Covered Entities." These include banks,
        An Aug. 16, 2017, letter from U.S. Assistant Attorney   other financial institutions  and insurance  companies,
        General Stephen E. Boyd to House Judiciary Chair Bob
        Goodlatte marked the end of Operation Choke Point       according to the DFS.
        (OCP), an anti-crime initiative that put extreme pressure
        on banks and payment processors to deny services to select   Security analysts see a fundamental shift in the new
                                                                regulations, which require  companies  to  treat  cyber
        high-risk, cash-dependent businesses on the assumption
                                                                security as a risk management issue and hold senior
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