n November 2004, I attended the Western States Acquirers' Association (WSAA) inaugural conference where I had the distinct pleasure of participating in the National Association of Payment Professionals' (NAOPP)-sponsored panel of attorneys, along with Adam Atlas, Esq. and Paul Rianda, Esq.

The panel format offered a Q&A session between the audience, which included industry players ranging from sizeable ISOs and processors to "feet-on-the-street" merchant level salespeople (MLSs), and the attorneys, who each brought a different perspective to the table.

The Q&A revealed that ISOs, processors and MLSs continue to feel "out of the loop" with MasterCard and Visa regarding these card Associations' rules.

The Association rules have a significant impact on the environment within which ISOs/MLSs and processors must operate, and they generate an uncomfortable level of confusion. When an ISO/MLS or processor has a rules-based question, the prevailing sentiment is, "Who ya gonna call?"

To illustrate, I'll focus on one question from the audience that day. The question was, "How can we get access to Association rules at the processor or MLS level?" For more than 10 years, I've encountered this issue in representations involving merchants, ISOs/MSPs, processors, MLSs, acquiring banks, and MasterCard and Visa security and risk personnel. And this question is as timely now as it's ever been.

My general response: A greater level of cooperation within the bankcard industry is imperative. And contrary to popular belief (and recent well publicized lawsuits), I believe that the rules information gap is not solely the product of MasterCard's and Visa's organizational behavior or exclusivity.

All participants in the credit card acquiring industry have a vital role to play in enabling the system to function in a positive and productive manner. The trick, if you will, is for all participants to recognize their roles and then play those roles enthusiastically.

The roles of ISOs/MSPs, processors and MLSs might consist of diligently pursuing access to the Associations' rules in order to promote uniform application and compliance. Appropriate access to the rules would promote fairer competition for merchant accounts and hopefully reduce attrition and abuses. After all, if the applicable rules are well known and uniformly applied, this should curb that rogue deviation by abusive participants tainting the industry and leading to truly unfair competition, among other undesirable results.

So "Who ya gonna call?" Visa's and MasterCard's acquiring member banks. Why? It's a matter of the chain of connections linking the multitude of players in the fragmented bankcard industry. Simply put, these member banks and financial institutions comprise MasterCard and Visa.

MasterCard and Visa promulgate card Association rules and impose a duty upon member banks to ensure rule compliance by themselves, their ISOs/MSPs, MLSs, processors and merchants. These banks are your key point of contact. They can provide you with the rule information that you need to better perform your role in the industry, which also helps the acquiring bank remain compliant.

I admit that my solution offered above is easier said than done. But remember, you're engaged in a highly competitive sales industry. Your level of determination and motivated selling unquestionably drive your success.

Now you can devote a critical part of your sales effort to convincing your acquirer that you are a valuable asset for achieving rule compliance as well as success. By your acquirer providing you with the applicable rule information, you both win. Moreover, the industry as a whole wins. So be a determined force for positive change! I wish you well in your efforts.

The above article is authored for general informational and educational purposes and is not to be construed as legal advice, nor relied upon as legal advice from The Law Offices of Anthony L. Ogden ("BankCardLaw"). Individual facts, circumstances and applicable law may vary. Therefore, you are strongly encouraged to seek the advice of a qualified attorney regarding your particular matter. BankCardLaw is the micro-niche legal and consulting practice of Anthony L. Ogden, a bankcard attorney with more than 10 years of industry experience and author of the merchant handbook titled, "What Every Business Should Know About Accepting Credit Cards." The mission of BankCardLaw is "strengthening merchant credit card accounts." To obtain more information about BankCardLaw services and publications, visit www.bankcardlaw.com or call 310-278-2708.