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            2. It seems to me that applying exceptions for certain   So yes, there is absolute confusion in the marketplace.
            states poses more work for the card brands and their   There are also varying signs to post based on the proces-
            sponsor banks. More work requires reprogramming,    sor. That definitely needs to change to (1) permitted posit-
            testing for accuracy and the potential for mistakes. All   ing of notification.
            of this will result in higher costs to cover the cost of
            the additional work and potentially exposure to legal   As an ISO who does not control the transactions, or have
            action for non-compliance.                          any input into the platform the transactions are run on,
                                                                we are at the mercy of the processor to make internal
            I would propose that the states work together, as they   changes based on state requirements. I would think that
            have in the past with EBT in the 1990s and other initia-  this would add complexity to their systems which would
            tives, to coordinate their approaches. Then the states   lead to higher overall costs and human mistakes, and not
            can propose unified national standards for applying   accomplish any savings for businesses in that state.
            exemptions for sales taxes and gratuities.
                                                                Yes, I certainly understand the need to protect both the
            The patchwork created by state legislatures acting   merchant and the consumer, but this should come, in my
            singly is not optimal and, to my way of thinking, not   opinion, from the card brand level. I think it would be
            feasible.                                           virtually impossible for a Fiserv, TSYS, Worldpay, Elavon
                                                                or any other platform to deal with the complexity of each
            3. Certain state legislators seem to be able to draft uni-  state setting up its own rules. Diversity in rules, by states,
            fied legislative proposals in other areas of the law that   certainly would add to the costs to processors which
            are proposed virtually verbatim from one state to the   would have to be passed on to the merchant.
            next. Why can't we have a unified approach to sales
            tax and gratuities for payments?                    Long term, if such an event happened and each state's leg-
                                                                islature set up different rules for the processors to follow, I
        Steven Feldshuh                                         do believe the processors would have the right to increase
        Betterpay                                               costs to the merchants, which the states are simply trying
                                                                to reduce.
        With our footprint in the NY tri-state area, we are finding
        it more and more difficult to address the concerns of mer-  Personally, I think a wiser decision should be the reduc-
        chants with the various cash discount and dual pricing   tion and simplification of interchange.   Yes, banks who
        programs. In NY the confusion comes from the permitted   are issuers are saddled with losses, but to what extent? If
        credit surcharge program.                               Chase or Wells Fargo or any large issuer was losing money

                                                                on this aspect of their business would they really contin-
        As an example, yesterday we received notice of a com-   ue? I know the card issuing banks are very powerful and
        plaint from Visa on a Pizza location that is set up for dual   this reduction in interchange is just a pipe dream, but it
        pricing. The setup is correct in that the business enters the   would help solve the cost issue to businesses.
        standard price, and if someone pays in cash, they receive a
        discount. Visa claims you are not permitted to add a sur-  Allen Kopelman
        charge on debit cards. They also claimed that the business   Nationwide Payment Systems Inc.
        never registered with them.
                                                                    1. These laws clearly show a need for more under-
        Since this is not a credit surcharge program but a dual     standing of the payment system's workings. These
        processing cash discount program, Visa was incorrect in     lawmakers need to learn how credit card processing
        making this claim. Obviously, the business owner was        works. These laws are to show that the state can make
        upset and worried. We submitted pictures of the signage     a law, and then some people will cheer. Later, real-
        approved by our processor. We had to submit a copy of a     ity will set in, and they will find out that what they
        cash transaction showing the discount and a card transac-   are asking for can't be done, and if it could be done, it
        tion where there is no mention of any surcharge.            would double credit card processing costs.


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                        c a n ’ t miss e v e n ts a nd ne w es t    cent, $105, they add a tip of $20, and the total is $125.
                        ind us t r y a nno unc e me n ts.           That is all the processor sees. They do not see the tip
                        industry announcements.
                                                                    or the sales tax, and they do not know if the person ate
                                                                    by themself or with two other people, and they do not
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