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Liability switch could leave merchants holding the card

The days of the swipe are over. Get ready to dip.

The anti-theft credit card technology that has been a standard overseas for the past decade is now making its way into the U.S. Known as EMV - an acronym for Europay, MasterCard and Visa, the companies that initiated the technology - it replaces magnetic stripes with a smart chip that prevents hackers and data harvesters from obtaining cardholder information.

The nation is still in the midst of the conversion to EMV, but a recently-passed deadline could put merchants - especially small business owners - in a perilous situation. As of Oct. 1, banks and credit card companies are no longer liable for fraudulent purchases made on EMV cards from merchants who do not have EMV-enabled point-of-sale terminals.

What that means is, if your business doesn't have EMV-ready terminals, you can be left holding the bag for that fraud. That's a big concern to banks and credit card companies because as of September, less than half of the terminals in the U.S. are EMV ready.

And most of those still needing to comply are small businesses.

"Our concern is number of small business owners who are not ready and don't even know about the liability shift," said Steve Pedersen, vice president and head of corporate card products for BMO Harris Bank.

"That's fairly punitive when you think about it," he added. "Not being knowledgeable about liability shift is something that personally concerns me."

Bruce Menkes, founding partner of the law firm Mandell Menkes LLC in Chicago, notes the liability issue will only affect merchants who accept EMV card purchases during an in-store transactions. It will not affect merchants who accept the cards in phone or e-commerce sales, and gas station transaction are also exempt until 2017.

The percentage of online versus in-store sales may be a factor in why some small businesses have been slow to upgrade, but the risk of absorbing the cost of fraudulent purchases should be a catalyst in making the switch as soon as possible, the experts noted.

Menkes added business owners may not be aware of the liability shift due to a lack of publicity through the media and from institutions that provide the point of sales systems and card processing.

"I haven't seen to much in the mainstream press or business press about it," he said. "The credit card companies are big on information, but payment processors working with small companies have not been as good as they should have in getting the word out."

Pedersen noted small business owners may be putting off making the transition because of other priorities needed to run a small business.

"Every small business owner is stretched. There's always incredible demands on their time," he said. "There's so much going on, you unfortunately need a catalyst to stimulate the change."

While the cost of EMV-enabled devices may also be an issue, Pedersen said it may not be as big as some owners think.

"A stand-alone POS not difficult to change over," he said. "An integrated system is more expensive. The terminal price is not bad, but the programming and testing is where the cost is involved."

If you're still operating your business without EMV equipment, Pedersen and Menkes recommend contacting your payment processor or merchant acquirer to request the new system.

"Whoever they have that relationship with, call your contact immediately," Pedersen said.

Until they convert to EMV, Menkes said merchants should be extra vigilant in all of their credit card sales.

"Make sure the signature of the owner looks same as the signature on back of card. Those kind of things will always help them," he added.

One thing merchants have to their advantage, Menkes noted, is that the rollout of EMV cards to consumers is still an ongoing process.

"Only 40 percent of cards out there are chip," he said. "A lot of consumers just don't have them yet."

As EMV chip technology is integrated into U.S. credit cards, local merchants need to be aware that they could be liable for fraudulent charges on EMV cards if they do not have compliant terminals.
Steve Pedersen

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