Credit Card Surcharging in the B2B World Following the 2017 and 2018 Supreme Court Decisions: What Is Legal, What Is Not Legal and How to Save Money in Processing Credit Cards


Wed, August 22, 2018, 03:00


 General Information

Cost: Members: $95
Non-Members: $195

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US: 3:00pm ET

About the Webinar

The U.S. Supreme Court (SCOTUS) decisions left the Anti-Surcharge rules in New York and Florida to be unconstitutional and Texas to be constitutional but that is not the end of the story.  SCOTUS sent the cases back to the lower court for further clarification.  Texas has changed at least one of its laws following the SCOTUS decision and litigation is still ongoing in Texas and New York.  Following the SCOTUS decisions, the 9th Circuit Court of Appeals ruled in favor of the merchant stating that the California statute does violate the First Amendment right to free speech BUT only as to this merchant and these circumstances.  Most recently SCOTUS again ruled regarding credit card issues.  It sided with American Express and upheld its anti-steering policies.  Where does this leave the trade credit grantor who wants to start passing through its credit card surcharges and wants to steer cardholders toward a particular kind of credit card?  Wanda Borges will discuss these legal issues.  In addition, Matt Fluegge will update you on current credit card network surcharge rules and how merchants can implement surcharging and reduce their card acceptance costs.  Both speakers will guide you through how best to remain compliant with the card network’s surcharge rules and the laws.

About the Speakers

Wanda Borges, the principal member of Borges & Associates, LLC., has been specializing in commercial insolvency practice and commercial litigation representing corporate clients throughout the United States for an excess of thirty-five years.

She is admitted to practice before the courts of the State of New York and the United States District Court for the Southern, Eastern, Northern and Western Districts of New York, the United States District Court for the District of Connecticut, the United States District Court for the Eastern District of Michigan, the Second Circuit Court of Appeals and the Supreme Court of the United States. Her membership in professional organizations includes the American Bar Association, American Bankruptcy Institute, the Commercial Law League of America and The International Association of Commercial Collectors.  As a member of the Commercial Law League of America, she is a Past President of the League, is a Past Chair of its Bankruptcy Section and currently serves on its Executive Council. She served for six years on the Executive Council of the Eastern Region of the CLLA.  Her service on the Board of Governors of the CLLA includes service as the Bankruptcy Section Representative to the Board of Governors, an Attorney Member of the Board of Governors, the President-Elect of the CLLA and ultimately the President of the CLLA.  She served as the Chair of the CLLA Creditors’ Rights Section and is its Immediate Past Chair. She currently serves on the Board of Directors of the IACC and Chairs the Legislative Committee and the Governing Documents Review Task Force of the IACC.

She is a regular lecturer for the National Association of Credit Management (NACM) and its various affiliates.  She has prepared and continues to update courses on "Advanced Issues in Bankruptcy," "Basics in Bankruptcy," "Current Cases in Bankruptcy," "Creditor's Committees," "Credit and Collection Issues," “Credit-card Surcharge Issues,” “Cybersecurity,” “Litigation Issues,” “Social Media and Ethics for the Credit Department”  and "Antitrust Issues"  which have been presented at past NACM Annual Credit Congresses and trade credit association meetings.  Even prior to the passage of the “Red Flags Rule,” Ms. Borges worked with the NACM and the FTC to determine the applicability of the Rule to business creditors.  Ms.  Borges has prepared and presents seminars on Red Flags compliance issues for the NACM, its various affiliates, corporations, collection agencies and various other organizations.   Ms. Borges is a faculty member for the NACM's Graduate School of Credit and Financial Management at American University.

Matt Fluegge is a Certified Payments Professional and Executive Consultant with Vantiv, Now Worldpay. Worldpay is the nation’s largest acquirer, processing more purchase transactions than any other processor. Vantiv acquired Worldpay in January 2018.  Matt has been with the company for 16 years and specializes in credit card acceptance and payment processing in the business-to-business industries.  He has a Business Administration degree in Finance and manages Vantiv’s 20-year partnership with the NACM and UTA. Through the NACM Program, Matt works one-on-one with members to provide payment processing services that simplify payments and improve efficiency, security, and income.

Webinar Access

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