INGATE

From The Sip Trunking Experts

TMCNet:  NRF Tells Judge Proposed Swipe Fee Settlement 'Benefits No One'

[November 09, 2012]

NRF Tells Judge Proposed Swipe Fee Settlement 'Benefits No One'

WASHINGTON --(Business Wire)--

Lawyers representing the National Retail Federation and many of the nation's most prominent retail companies are set to appear in court today to ask a federal judge to reject a proposed class-action settlement of an antitrust lawsuit over the $30 billion a year in credit card swipe fees charged by Visa and MasterCard (News - Alert).

"This proposal benefits no one but lawyers and credit card companies, and should not be forced on the retail industry or retailers' customers," NRF Senior Vice President and General Counsel Mallory Duncan said. "It's a morass of legal flaws, and rather than bringing about reform it would only entrench the anticompetitive behavior of the card companies while putting them beyond the reach of the law. It should be rejected on its face."

A hearing on a motion for preliminary approval of the proposed settlement is scheduled for 11:30 a.m. before U.S. District Court Judge John Gleeson in Brooklyn, N.Y. Gleeson will hear arguments on a brief filed last week by NRF, 17 retail and restaurant companies and two other trade associations. NRF is not a party to the lawsuit, but its members and the companies named in the brief would be affected if the case is approved as a class action. Arguments will also be heard on briefs filed by other opponents, including retailers and associations who were parties to the suit but who have rejected the proposal.

NRF argued in its brief that the settlement cannot legally be certified as a class action because it attempts to forc a one-size-fits-all solution onto a wildly diverse group of merchants. NRF also argued that a provision barring all retailers - including those who opt out of the settlement and even those who do not yet exist - from filing future lawsuits over swipe fees is impermissibly broad under federal law. In addition, the proposal allows retailers to reject payments offered as compensation for past price-fixing but gives no mechanism to opt out of flawed injunctive relief that would allow card companies to continuing price fixing and fee increases in the future.


NRF opposes the settlement because it fails to reform the cartel-like system where Visa and MasterCard set a rigid schedule of swipe fees that all banks follow. It does nothing to disclose the hidden fees or otherwise create transparency that would encourage competition that would lead to lower fees. Merchant bargaining groups could be recognized, but that is no change from current law. And while some merchants would theoretically be given the right to surcharge as a bargaining chip to hold down fees, the provision is subject to a wide variety of card company restrictions, would be illegal in 10 states, and ignores the goal of merchants to reduce prices paid by their customers.

As the world's largest retail trade association and the voice of retail worldwide, NRF represents retailers of all types and sizes, including chain restaurants and industry partners, from the United States and more than 45 countries abroad. Retailers operate more than 3.6 million U.S. establishments that support one in four U.S. jobs - 42 million working Americans. Contributing $2.5 trillion to annual GDP, retail is a daily barometer for the nation's economy. NRF's Retail Means Jobs campaign emphasizes the economic importance of retail and encourages policymakers to support a Jobs, Innovation and Consumer Value Agenda aimed at boosting economic growth and job creation. www.nrf.com

Read NRF Brief


[ Back To SIP Trunking Home's Homepage ]

Loading
Subscribe here for your FREE
SIP TRUNKING enewslettter.

Featured Partner

Featured Whitepapers

SIP Security for the Enterprise
Voice over IP (VoIP) is incorporated into a variety of computer networks, both public and private, and used for everyday transactions and communications among carriers, businesses, government agencies...

Voice-Optimized Network Delivers Premier Call Experience
Customers equate call quality with business quality. Real-time communication, interpersonal interaction, and the cordial tone of a call center representative can create a positive impression of your business that no email can match.

Featured Datasheets

Ingate SIParator E-SBCs
Adopting SIP is a simple process with the Ingate SIParator, the secure enterprise session border controller (E-SBC). The SIParator makes secure SIP communications - including VoIP,SIP trunking and more - possible while working seamlessly with your existing network firewall.

Ingate Firewalls
Everyone is talking about enterprise usage of VoIP, instant messaging and other types of realtime communications including presence and conferencing.

SIP Trunk Solutions for Service Providers
The award-winning Ingate Firewall and Ingate SIParator deliver a high quality, reliable SIP trunk connection between the customer's IP-PBX and the service provider network, and solve interoperability issues to simplify deployments and support for remote diagnosis of reported issues.

Featured Case Studies

Case Study - Haiti
With this solution our doctors were able to reach anywhere in the world quickly and easily, to get consults from colleagues, facilitate treatment, order supplies 'on the fly' and also help victims report back to families. The solution from Business Mobility Systems and Ingate worked immediately.

Case Study - Turkish Petroleum
"With one Ingate at the customer headquarters, all of their remote workers can enjoy the benefits of Turkish Petroleum's IP-PBX from anywhere in the world.

Case Study - GCM
"The Ingate solution overcomes the NAT traversal hurdle and makes it possible to connect customers to our VoIP service, without the need of costly leased lines or support intensive VPN tunnels.

Case Study - Kool Smiles
"Ingate's solutions provide the advanced level of security necessary for this medical environment and the tools to make the interface to the service provider hassle-free."

Case Study - NMSAS
"This solution really saved the day for us," said Paul Mercier, IT Administrator, NMSAS. "We needed to leverage SIP trunks to reduce costs, and they had to work with our existing Microsoft OCS investment."

Discover Leisure Connects Remote Users to its IP-PBX
Discover Leisure is one of the largest resellers of caravans and motor homes in the UK. With 15 branch of?

Featured eBOOKS

Internet+: The Way Toward Global Unified Communication
Connecting the telephony of the enterprise PBX or Unified Communications (UC) system using SIP trunks instead of conventional telephone lines has been very successful in recent years.

What is SIP Trunking? Edition 2
SIP trunking is becoming more of a focus for service providers. One key issue many service providers face when deploying SIP trunks is NAT, or Network Address Translation, traversal.

What is SIP Trunking? Edition 1
A vast resource for information about all things SIP - including SIP, security, VoIP, SIP trunking and Unified Communications.

Featured Videos

E-SBCs AS The Demarcation Point:
Ingate's Steve Johnson talks to Erik Linask about the role session border controller plays as the demarcation point at...

Demystifying DPI
How can deep packet inspection protect your SIP traffic as well as your entire network?

Featured Resources

What's New

Presenting the New Ingate/Intertex Website:
Internet+ is an extended Internet access allowing high quality SIP (Session Initiation Protocol) based real-time person-to-person communication, everywhere and for any application. It applies to both fixed and mobile networks ...

Featured Blogs

Featured Webinars

Secure SIP Trunking:
What You Need to Know

Successfully Deploying Enterprise SIP Trunking:
Tools and Techniques for Overcoming Common Roadblocks

Featured Podcasts

Getting the Most Out of Your SIP Trunks:
Ingate's Steve Johnson and TMC's Erik Linask discuss how best practices forgetting the most out of SIP Trunking services and common pitfalls to avoid.