Author Archives: Christine Speedy

About Christine Speedy

B2B cloud payment acceptance solutions and CenPOS enterprise cloud payment solutions global sales.

Ingenico ISC 250 PCI PTS v3 and v4 End of Life

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Ingenico announced end of life for the ISC 250 with PCI PTS v3 and v4 in March of 2019. This has not stopped companies from selling them, however, due to the PCI PTS expiration in April 2021, merchants who use them would not be able to prove PCI compliance in the event of a data breach.

Did you know terminals have their own Payment Card Industry or PCI certification? The standards are part of the overall merchant requirements to maintain the security of cardholder data. Those rules change over time and a bunch of Ingenico equipment recently expired, including the popular ISC250 lane terminal.

Ingenico issued end of life notifications on their PCI PTS 3 range of payment devices in compliance with the PCI Security Standards Council PCI 3 expiration date of April 30, 2020, which was extended to April 30, 2021 due to Covid. Often merchants will get notifications like this from their acquirer on their merchant statement.

Which Ingenico terminals are impacted?

  • iSC Touch 480 PCI-PTS v3/4 model
  • iSC Touch 250 PCI-PTS v3/4 model
  • iPP320 PCI-PTS v4
  • iPP350 PCI-PTS v4
  • This list does not include all devices! Merchants should check with their providers especially if using a non-EMV device or if you were an early EMV chip adopter.
ingenico isc250 signature capture terminal
Ingenico isc250

What does End of Life mean?

(PCI) PIN Transaction Security (PTS) v3 expires April 30, 2021.

(PCI) PIN Transaction Security (PTS) v4 expires April 30, 2023.

PCI PTS v5 expires April 30, 2026.

Are merchants PCI Compliant if they continue to use PCI 3 terminals after April 2021? The PCI Council urges but does not mandate merchants use approved PTS devices in their payment environments. However, in our experience, between payment brand and acquirer requirements, merchants generally need to use only approved PTS devices or risk getting shut down. Research expiration dates of terminals on the PCI Council web site. I’d be concerned about liability and the ability to prove PCI compliance, especially in the event of a data breach. If security vulnerabilities or exploits are identified by processors after April 2021, and you’re using the terminals, who’s to say when or even if a solution could be found to fix it?

How disruptive would it be for your business to have to shut down using them and get another solution? There are always people who procrastinate making changes. And when something goes wrong, phone calls to processors explode, so change is usually not as swift as you’d like.

Note, only employees and PCI QIR certified individuals can install or touch your credit card terminals. Terminals are one of the most important factors determining rates you pay and chargeback risk. Why? Call now to learn more. This is the perfect time for an external account review by a payments expert.

TIP for Christine Speedy Ingenico ISC250 customers: If you were an early adopter and had your terminals deployed prior to the EMV chip liability shift in October 2015, there’s no need to check part numbers; They need to be replaced. Please contact me directly to consult on replacement options.

Call Christine Speedy , PCI QIR certified, for new PCI 5 terminals, technology review and or merchant account review to maximize profits and improve your customer experience. 954-942-0483, 9-5 ET

Microsoft Dynamics D365 F&O Credit Card Processing Solution

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Looking for a D365 F&O credit card processing solution? Very few check all the boxes. There are different nuances to each and a big consideration should also be the level of customization that is needed. How much work is needed to get the module live and continually updated?

Our D365 F&O credit card processing solution minimizes the need for customization and is light to implement, creating opportunities to save tons of money on consulting, development, and updates. Users receive a deployable package and continual updates to work with all D365 updates.

Built based on years of experience with ERP payment processing and especially the needs of B2B manufacturers and distributors, including omnichannel, here’s a few examples:

  • Supports RETAIL, MOTO and ecommerce. Yes, that’s retail transactions within F&O, not D365 Retail.
  • Retail accepts EMV chip, checks and cash.
  • Retail Level 3 processing reduces B2B costs.
  • Prepay on sales authorization.
  • Split payments among multiple payment methods.
  • Stored card and ACH info- tokenized, never visible.
  • Automated daily batching.
  • Automated journal updates.
  • Payment object resides outside of the ERP environment for reduced PCI scope.
  • Optional validated P2PE.
  • Automated compliance with authorization and stored credential rules.
  • Optimization for least cost processing any given transaction.
  • Compliant with rental and loaner special processing requirements.

Call Christine Speedy, PCI Council QIR certified, for all your Microsoft Dynamics AX and D365 payment processing needs from ACH to credit cards and more. Get a new merchant account or keep your existing. 954-942-0483, 9-5 ET.

Massachusetts credit card surcharge bill repeals ban

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Massachusetts joins other states that still have a credit card surcharge ban on the books, with a bill to repeal. Since the 2017 US Supreme Court ruling regarding the NY case that it regulates speech, every state with a surcharge has repealed, introduced a bill to repeal, has already lost a case in court, or is in the process thereof. This is especially good news for B2B companies.

Massachusetts Senate and House are both in agreement with the February 2021 bill and it is now in committee with status “arrived” as of April 13, 2021.

https://malegislature.gov/Bills/192/HD2907.Html

https://malegislature.gov/Committees/Detail/J17/192/Bills/asc/EntityNumber/?current=True&pageNumber=9

Colorado also has a bill pending. The U.S. District Court for the District of Kansas approved a part of plaintiff’s motion for summary judgment in an action concerning whether a state statute that bans credit card surcharges violates the First Amendment.

Many in the legal and credit card processing community support B2B merchants can surcharge in all states and that the regulations only apply to consumers. Numerous court cases have resulted in positive results for plaintiffs.

Does your company want to surcharge? Call Christine Speedy right now at 954-942-0483, 9-5 ET for a compliant solution. Please share your surcharge insights for others and ask any questions below. The information herein is based upon public information available at the time written and may change.

Colorado introduces bill to change credit card surcharge law in 2021

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Can merchants surcharge in Colorado in 2021? A pending bill may make it possible for all merchants in 2021 or 2022. The current law says a seller, lessor, or company issuing a credit or charge card is prohibited from imposing a surcharge against a person who elects to pay for a sales or lease transaction by using a credit or charge card.

5-2-212. Surcharges on credit transactions – prohibition

(1) Except as otherwise provided in sections 24-19.5-103 (3) and 29-11.5-103 (3), C.R.S., no seller or lessor in any sales or lease transaction or any company issuing credit or charge cards may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash, check, or similar means. A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller, or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or charge card. For purposes of this section, charge card includes those cards pursuant to which unpaid balances are payable on demand.(2) A discount offered by a seller or lessor for the purpose of inducing payment by cash, check, or other means not involving the use of a seller or lender credit card shall not constitute a finance charge if such discount is offered to all prospective buyers and its availability is disclosed to all prospective buyers clearly and conspicuously in accordance with regulations of the administrator.

The proposed bill:

  • Repeals the prohibition; and
  • Limits the maximum surcharge amount per transaction to 2% of the total cost to the buyer for the sales or lease transaction or the merchant discount fee , which is defined as the actual fee that a seller or lessor (merchant) pays its processor or service provider to process the transaction .

Summary: A merchant is required to display notice regarding the surcharge on the merchant’s premises or, for online purchases, before an online customer’s completion of the sales or lease transaction.The bill prohibits applying the surcharge on debit or gift cards. If a merchant imposes a surcharge in violation of the bill, an individual consumer aggrieved by the violation may seek enforcement of the violation as an excess charge under the “Uniform Consumer Credit Code – Remedies and Penalties”.

In my opinion, this is a great start, however, BILL 21-091 conflicts with card network rules allowing charge up to 4% IF that’s actual cost. If merchants sell in multiple states, the 2% Colorado cap presents a challenge if the merchant average cost is higher. Most merchants will be forced to collect less for all states due to technology limitations, whereby they can only specify one rate and cannot distinguish by state.

Also, it could be interpreted that surcharge must be actual cost for EACH transaction vs avg, which few businesses have technology capability. The bill would be better if it just revoked surcharge ban, requiring businesses comply with card network rules.

  • https://leg.colorado.gov/bills/sb21-091
  • https://3dmerchant.com/blog/merchant-bulletins-downloads.

Call now for current information specific to your situation. Neither Christine Speedy nor this web site provide legal advice. Consult an attorney for all your legal questions.

Does your company want to surcharge? Call Christine Speedy right now at 954-942-0483, 9-5 ET for a compliant solution. Please share your surcharge insights for others and ask any questions below. The information herein is based upon public information available at the time written and may change.

US Court rules Kansas credit card surcharge ban unconstitutional

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Kansas has prohibited surcharging for decades, but a February 25, 2021 successful challenge changes that. Like many other states that had old statutes regarding surcharging, courts are ruling in favor of plaintiff’s. The U.S. District Court for the District of Kansas a part of plaintiff’s motion for summary judgment in an action concerning whether a state statute that bans credit card surcharges violates the First Amendment.

EXCERPT: “As aptly stated by Judge Tjoflat in Dana’s R.R. Supply v. Atty. Gen., Fla., 807 F.3d 1235, 1239 (11th Cir. 2015), “surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge.” It is comparable to permitting a restauranteur to serve “half-full” beverages but not “half-empty” beverages. Id. at 1245. Kansas prefers to label the lower price attendant to cash purchases a “discount” and so prohibits Plaintiff from labeling the higher price of credit purchases as a surcharge, even though both describe the same state of affairs: cash purchasers pay less and credit card purchasers pay more because of the cost associated with using credit cards. Again, as Judge Tjoflat pointed out, such a law does not ban surcharges; it merely targets expression and could be called a “surcharges-are-fine-just-don’t-call-them-that-law.” Id. at 1245. This elevation of form over substance, which fails to directly and materially advance any substantial state interest, unjustifiably infringes on Plaintiff’s right to convey information to consumers in a way that truthfully and accurately describes the transaction and allows consumers to make an informed choice. “The First Amendment prevents staking citizens’ liberty on such distinctions in search of a difference.” Id.
On a case within its jurisdiction, and upon the filing of an appropriate pleading, the court may declare the rights of an interested party seeking such a declaration. 28 U.S.C. § 2201(a). Based on the uncontroverted facts, Plaintiff has shown that K.S.A. 16a-2-403, as interpreted in Kansas and as applied to Plaintiff, violates Plaintiff’s rights under the First Amendment. The court concludes Plaintiff is entitled to a declaratory judgment to that effect.“

For more information, see Surcharge law resources under Merchant Alerts & Rules Links or contact your acquirer for accurate and current information specific to your situation. Neither Christine Speedy nor this web site provide legal advice. Consult an attorney for all your legal questions.

Does your company want to surcharge? Call Christine Speedy right now at 954-942-0483, 9-5 ET for a compliant solution. Please share your comments below. The information herein is based upon public information available at the time written and may change.