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A New Chapter Opens for Merchant Cash Advance

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A New Chapter Opens for Merchant Cash Advance News June 25, 2012 • Issue 12:06:02 Industry Update .........................................14 Strong positions in NRF lawsuit against Durbin regs ................................22 A new chapter opens LinkedIn confi rms breach, passwords theft ..... 23 for merchant cash First Data, SecurityMetrics settle lawsuit over data access ...........................................25 advance Academy prepares industry he landmark settlement of Richard B. Clark v. AdvanceMe Inc. in for EMV implementation ..........................27 2011 was pivotal for the merchant cash advance (MCA) industry. In the class action's aftermath, many alternative funding providers Trade Assocation News ..............................29 T indelibly reshaped the way they do business. And the ripple effect has spawned a new wave of innovation in this sector with seemingly unlimited Features possibilities and merchants as the designated beneficiaries. SellingPrepaid: The case was particularly significant in that it targeted the progenitor of mod- Prepaid in brief ......................................30 ern day MCA, AdvanceMe Inc., the MCA arm of Capital Access Network Inc. Founded in 1998, CAN is reportedly on track to fund about $600 million Google Wallet turns one .........................32 in MCAs and business loans through its two subsidiaries, AdvanceMe and Obopay offers license NewLogic Business Loans. to transfer ............................................. 33 Targeting multiple MCA providers Views Another notable aspect of the litigation was its serial nature. AMI was not the first company to advance funds to California merchants that would face Anat Prepaid industry rewrites Washington playbook Levy, an attorney with Anat Levy & Associates PC in Beverly Hills, Calif. In 2004, Levy filed a similar lawsuit against Rewards Network Inc. on behalf of By Patti Murphy approximately 3,000 California restaurant owners alleging the dining rewards ProScribes Inc. ....................................... 36 company violated California usury laws and California's Unfair Business Practices Act. Education Admitting no wrongdoing, Rewards Network eventually settled the case in Street SmartsSM: 2007, agreeing to pay plaintiffs about $20 million and to forgo collection of How to avoid post-close mistakes about $35 million in payments from plaintiffs. The court concluded "in part that the business transactions at issue By Jeff Fortney were 'loans' based on an application of thethe doctrine Clearent LLC .......................................... 58 of judicial estoppel," since Rewards Network hadhad referred to its products as loans in previousprevious law-law- Expanding e-commerce payments suits seeking repayment from restaurantrant owners. in China (Judicial estoppel precludes an entityy or personperson from taking a position in a lawsuit thatt contradictscontradicts By Caroline Hometh a position the entity or person has takenken in priorprior RocketPay LLC ........................................ 64 legal proceedings.) Combating faceless fraud In the lawsuit filed by Levy in 2008 By Nicholas P. Cucci against AMI, plaintiffs alleged Network Merchants Inc. .......................... 70 that MCAs were "not purchases of future credit card receivables, mPOS – it's about more than payments as claimed by Defendant, but By Kevin Colaço rather disguised loans with inter- est rates that violate California's Retail Cloud ........................................... 74 usury laws and California Business & Professions Code Section 17200." Usury is the act of lending money at an Continued on page 3 See A new chapter onn page 51 AdvisoryBoard NotableQuote » Andrew Altschuler–AmeriMerchant » Kristof Anderson–Connect Merchant Payment Services Adopting new technologies blindly » John Arato–MagTek Inc. serves no purpose. Companies that » Adam Atlas–Attorney at Law are able to use the technology to redefine how they do business, and » Clinton Baller–PayNet Merchant Services Inc. ultimately how business is done, will » Joseph Bizzarro–PE Systems LLC flourish. » Mark Cerminaro–RapidAdvance » Steve Christianson–All Card Processing Inc. See story on page 74 » Joe Creegan–Credomatic USA » Mark Dunn–Field Guide Enterprises LLC » Steve Eazell–Secure Payment Systems Inc. » Brandes Elitch–CrossCheck Inc. » W. Ross Federgreen–CSR Inside this issue: » Ed Freedman–Total Merchant Services CONTINUED » Noel Fundora–First Data Corp. » Marc Gardner–North American Bancard Company Profi le » Darrin Ginsberg–Super G Funding LLC » Glenn Goldman–Capital Access Network CardinalCommerce Corp. » Matt Golis–YapStone Inc. » Ben Goretsky–USAePay One platform integrating all types of payments ......................................43 » Scott Henry–VeriFone Inc. New Products » Curt Hensley–Impact Payments Recruiting » Rod Hometh–Ingenico Swipe or tap, your choice ....................................................................... 78 » Jared Isaacman–Harbortouch Cash advance enters B2B world ..............................................................78 » Kevin Jones–SignaPay Ltd. » Jerry Julien–Equity Commerce LP Inspiration » Lazaros Kalemis–Alpha Card Services Inc. » Dee Karawadra–Impact PaySystem Disruption is good ...............................................................................81 » Rod R. Katzfey–PayLeap » Alan Kleinman–Meritus Payment Solutions Departments » Andie Kolb–National Processing Co. » Allen Kopelman–Nationwide Payment Systems Inc. Forum ..................................................................................................5 » Greg Leos–Trustwave Datebook ...........................................................................................80 » Mitch Levy–Merchant Cash and Capital Resource Guide ..................................................................................82 » Dan Lewis–AmeriBanc National Ltd. Advertiser Index .................................................................................94 » Paul Martaus–Martaus & Associates » Biff Matthews–CardWare International Miscellaneous » Tim McWeeney–VeriFone Inc. » Andy Meadows–SignaPay Ltd. QSGS: Quick Summary Green Sheet ......................................................8 » Justin Milmeister–Elite Merchant Solutions Bottom Lines .......................................................................................14 » Taufig Mithani–The Merchant Solutions Boost your biz .......................................................................................76 » Michael Nardy–Electronic Payments » Steve Norell–US Merchant Services 10 years ago in The Green Sheet ............................................................77 » David Parker–Polymath Consulting Water Cooler Wisdom ........................................................................81 » Chester Ritchie–WorldPay » Steve Rizzuto–TransFirst » Jeffrey I. Shavitz–Charge Card Systems Inc. » Dave Siembieda–CrossCheck Inc. » Rick Slifka–Exec-Links LLC » Nick Starai–Network Merchants Inc. » Theodore Svoronos– Atlantic Pacific Processing Systems Inc. » Cliff Teston– Signature Card Services » Scott Wagner–GO DIRECT Merchant Services Inc. » Patricia Walters–Hypercom Corp. » Dan D. Wolfe–Teledraft Inc. » Cody Yanchak–First American Payment Systems 4 President and CEO: Paul H. Green..................................................paul@greensheet.com General Manager and Chief Operating Officer: Kate Rodriguez ................................................kate@greensheet.com CFO/Vice President Human Resources & Accounting: Brandee Cummins [email protected] Assistant VP, Editorial: Laura McHale Holland ................................... [email protected] Senior Editor: Patti Murphy ....................................................patti@greensheet.com Associate Editor: Dan Watkins ................................................... [email protected] Staff Writers: Jim McCaffrey ...................................................jim@greensheet.com Ann Train .........................................................ann@greensheet.com Production Manager: Lewis Kimble...................................................lewis@greensheet.com Assistant VP, Advertising Sales: Danielle Thorpe ..........................................danielle@greensheet.com National Advertising Sales Manager: Rita Francis ...................................................... [email protected] Office Manager: Kat Doherty .......................................................kat@greensheet.com Director of Information Technology: Wolf Dean Stiles ..............................................wolf@greensheet.com Correspondence: The Green Sheet, Inc. 800-757-4441 • Fax: 707-284-1968 1160 N. Dutton Ave., Suite 200, Santa Rosa, CA 95401 Send questions, comments and feedback to [email protected] Send press releases to [email protected] NOTE – Please do not send PDF versions of press releases. Print Production: Hudson Printing Company Contributing Writers: Kevin Colaço ..............................................kColaç[email protected] Nicholas P. Cucci ....................................................ncucci@nmi.com Jeff Fortney............................................................jeff@clearent.com Caroline Hometh ........................................ [email protected] The Green Sheet (ISSN 1549-9421) is published semi-monthly by The Green Sheet Inc., 1160 N. Dutton Ave., Suite 200, Santa Rosa CA 95401. Subscription is FREE to participants in the payment
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