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Florida CFO Group
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Florida CF Group
(877) 352-2367ASK A CFO

Category: Legal


April 3, 2024

As Merchant Credit Card Fees increase and become more complex, business owners seek ways to minimize costs and ensure they are not overpaying. In navigating this landscape, it's crucial to stay informed about developments such as rebate programs and class action settlements. One recent lawsuit in particular, sheds light on the issue of excessive fees in credit card transactions.

Understanding the Lawsuit

The lawsuit revolves around claims that merchants paid exorbitant fees to accept Visa and Mastercard cards due to violations of antitrust laws by these companies and their member banks.

The Rule 23(b)(3) Settlement Class

A key aspect of the settlement is the creation of the Rule 23(b)(3) Settlement Class, comprising individuals, businesses, and entities that accepted Visa-Branded Cards and/or Mastercard-Branded Cards during the specified period of January 1, 2004 to January 25, 2019.

Exclusions and Inclusions

Certain entities are excluded from this class, including dismissed plaintiffs, the U.S. government, named defendants, and financial institutions involved in issuing or acquiring card transactions during the relevant timeframe.

The Notice and Merchant Rights

Merchants who fall within the defined class should pay attention to the Notice issued regarding the settlement. This Notice provides essential information about the class action lawsuit, including details of the settlement and the rights and options available to affected merchants.

Accessing Settlement Terms

For those who wish to delve deeper into the terms of the settlement, the Superseding and Amended Definitive Class Settlement Agreement, along with its appendices, is available for reference.

Seeking Financial Expertise

In light of this lawsuit and settlement, merchants must assess their situations to determine if they are eligible to participate in the settlement and potentially recover any overpaid fees. Seeking assistance from financial experts, such as fractional CFOs from reputable groups like the Florida CFO Group, can be invaluable in navigating the complexities of credit card fees and ensuring optimal cost management strategies.

Proactive Measures for Cost Management

Furthermore, merchants should proactively review their credit card processing agreements, monitor fee structures, and explore opportunities for cost-saving measures and participation in rebate programs.

 

The recent settlement resulting from the lawsuit regarding excessive credit card fees underscores the importance of vigilance and proactive management of merchant expenses. By leveraging available resources and staying informed about developments in the industry, merchants can safeguard their interests and optimize their financial performance in an ever-evolving business landscape.

 

The Authors

Anna Agnew, MBA, CTP is a Partner at the Florida CFO Group and a Certified Treasury Professional, boasting over 15 years of experience providing CFO Services across 29+ industries. With a rich background in finance, treasury, and accounting, Anna brings a wealth of real-world, hands-on corporate financial leadership experience to the table. Her collaborative, results-oriented approach has driven success in both corporate and consulting roles for public and privately held companies of varying sizes, from start-ups to multi-billion-dollar enterprises. You can also visit Anna’s LinkedIn Profile for more information.

Don Noble is a Partner at the Florida CFO Group and a technology expert, boasts an extensive background in financial leadership and advisory roles. Leveraging his wealth of experience, he collaborates with businesses to optimize their financial and technological strategies, fostering growth and resilience in the dynamic marketplace. You can also visit Don’s LinkedIn Profile for more information.

 

Contact Us

If you have any questions or would like to discuss your organization’s finance, accounting, and treasury needs, please give the Florida CFO Group a call at 1-877-352-2367 or email us here. We are here to help you navigate your financial challenges and achieve success.


July 2022: Deane Baron

Deane Baron has more than 20 years of financial leadership experience, including both domestic and international businesses. He has developed meaningful profitability measures and reported for business leaders to keep attention on the bottom line. For over eight years as the vice president of finance in a software business, he enabled growth from $10M to $400M in revenue. As CFO, he led the turnaround from a $20M loss to break even by emphasizing sales and manufacturing.

Deane has raised capital for venture capital-backed, private equity-backed, and public markets companies. He has secured additional rounds of venture capital and venture debt. Under private equity ownership, he delivered on the first-year business commitments for the integration of three merged companies, which enabled the renegotiation of a $500M debt on favorable terms. In the public markets, he communicated with the SEC in completing an IPO and follow-on equity raise. He also raised capital from export credit agencies and banks for his Latin American customers.

He developed M&A and due diligence expertise in multiple transactions, including leading the sale of a $350M business segment from a public company to a private equity firm. He has also completed acquisitions for product and regional expansions.

Deane earned an MBA from the Harvard Business School, and an engineering degree from the University of Waterloo in Canada. He was previously certified as a Certified Management Accountant (CMA) in Canada.

Visit Deane's Partner Page
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