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Class Action Merchant EMV Lawsuit Could Make The EMV Transition A Lot Messier

March 20, 2016

EMV has always delivered more than its fair share of headaches and surprises—and this week even has the MasterCard CEO doing some EMV griping of his own—but a class action lawsuit filed last week is raising yet another troubling EMV question. Is the liability shift appropriate if merchants have done everything in their power to embrace EMV? If backlogs from the card brands are why a merchant doesn’t have an EMV greenlight, is it fair to punish them with the liability shift?

Like every payments issue, there are details to be dealt with. Did the merchant submit all paperwork in a reasonable timeframe? One can’t file 10 minutes before the deadline and then blame the backlog for a lack of approval.

Still, it’s an interesting question. And the lawsuit from B&R Supermarkets and Grove Liquors goes further than saying that the backlog was unexpected or larger than expected. The filing accuses the card brands—and other payments players—of deliberately being slow, in an attempt to push off liability costs on as many merchants as possible, regardless of their EMV efforts.

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