educational

The Excited States of America

The above title is extremely fitting today in banking. The endless closing down of banks, the continued shutting down of business checking accounts for adulttype merchants and the unrelenting pressure for banks not to process for adulttype merchants demonstrates the applicability of this statement.

Further, there are three recent developments of which we should all be cognizant:

Regulators are specifically targeting merchants with chargebacks without regard to whether you are compliant or not with the payment rules.
  • A new U.S. government task force;
  • A new surge of UDAP (Unfair or Deceptive Acts or Practices) activity; and,
  • A focus on merchants with multiple accounts at multiple banks.

On Oct. 27, at the ETA’s Compliance Day in Chicago, a Federal Trade Commission official told attendees that the government has formed a task force to monitor third-party payment services providers. The stated goal is to prevent fraudulent merchants from obtaining merchant accounts and to shut down such merchants as quickly as possible if they defraud consumers.

The group has some very heavy hitters and includes the FTC, the Justice Department, the FBI, the U.S. Treasury Department’s FinCen antimoney-laundering unit, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.

Bank regulators have embraced UDAP, the acronym that stands for Unfair or Deceptive Acts or Practices to justify their investigation into certain merchant activity and thus be able to impose penalties on merchants who otherwise were compliant in their respective payment channels. It seems, nowadays, that there is so much attention on consumer protection that if a merchant has just one chargeback or one unauthorized transaction, then it is the belief of the regulators that a consumer was harmed and thus, there is enough evidence to warrant an investigation into the merchant’s practices.

The strength of this law is that it is very general, providing authorities with the ability to apply it to many different situations that arise. Currently, it is being used to address “unethical” or otherwise “bad” business practices that may not necessarily fall directly under the purview of a specific banking or consumer finance law.

It has come to the attention of the FTC specifically, but no doubt also to the payment associations, that merchants that have many merchant accounts across many banks may not be doing this for a business reason other than to keep their merchant account compliant under the card association rules.

A news article from Digital Transactions reported that the representative from the FTC stated: “We have found blatant misrepresentations on applications,” FTC representative said. Regarding one person trying to get multiple merchant accounts, she added, “We pay attention to little things that add up to the same person.”

She noted that the FTC has seen cases of 20 to 50 descriptors tied to one account. The purpose of so many accounts ultimately held by a single entity is to keep chargebacks in any one account below Visa Inc. and MasterCard Inc. thresholds that would draw scrutiny and even account closure.

This new task force, in theory, will speed up the communication and the “knowledge-bank” between these various entities to uncover questionable merchants. The fact that they are stating that they will be focusing on the ISO or third-party provider means that you will now have to answer more questions about your business so that the ISO/TPP can protect themselves. Further, as we have seen fewer banks in the marketplace, there will be fewer ISOs and third-party providers that will be willing to take on ecommerce business, let alone registered highrisk ecommerce merchants.

Regulators are specifically targeting merchants with chargebacks without regard to whether you are compliant or not with the payment rules.

And authorities are hunting for merchants who have multiple merchant accounts across multiple banks. Unless you have a reasonable business reason to obtain multiple accounts, anything beyond reasonable poses a risk. I would also suggest that if the only reason your merchant accounts are compliant is that they are under the number of chargeback threshold rule, then you need to discover the source of your fraud and better mitigate it. Speak with a knowledgeable firm to analyze your transactions and system to help you stay out of harm’s way.

Even with all the focus as detailed above, there is one thing that remains constant throughout the efforts: no authority is willing to investigate the other half of the transaction: That is the consumer.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

How to Convert Fans Through Scarcity and Exclusivity

Nothing sparks fans’ ongoing desire in the long term like making them feel personally prioritized. It gives them a sense of belonging and sparks a level of loyalty that goes far beyond just loving your work. Forging that degree of connection, however, requires knowing how to employ two key tactics: scarcity and exclusivity.

Sara Star ·
opinion

How to Reinvest Back Into Your Creator Business

Early in their careers, most creators necessarily focus on survival. Money goes toward basic expenses, equipment upgrades and keeping content flowing. Once income becomes more consistent, however, it’s time to begin thinking about growth and sustainability. How can you build something that lasts beyond the next release or trend?

Megan Stokes ·
profile

Stripchat's Jessica on Building Creator Success, One Step at a Time

At most industry events, the spotlight naturally falls on the creators whose personalities light up screens and social feeds. Behind the booths, parties and perfectly timed photo ops, however, there is someone else shaping the experience.

Jackie Backman ·
opinion

Inside the OCC's Debanking Review and Its Impact on the Adult Industry

For years, adult performers, creators, producers and adjacent businesses have routinely had their access to basic financial services curtailed — not because they are inherently higher-risk customers, but because a whole category of lawful work has long been treated as unacceptable.

Corey Silverstein ·
opinion

How to Build Operational Resilience Into Your Payment Ecosystem

Over the past year, we’ve watched adult merchants weather a variety of disruptions and speedbumps. Some even lost entire revenue streams overnight — simply because they relied too heavily on a single cloud provider that suffered an outage, lacked sufficient redundancy and failover, or otherwise fell short when it came to making sure their business was protected in case of unwelcome surprises.

Cathy Beardsley ·
opinion

Building a Stronger Strategy Against Card-Testing Bots

It’s a scenario every high-risk merchant dreads. You wake up one morning, check your dashboard and see a massive spike in transaction volume. For a fleeting moment, you’re excited at the premise that something went viral — but then reality sets in. You find thousands of transactions, all for $0.50 and all declined.

Jonathan Corona ·
opinion

A Creator's Guide to Starting the Year With Strong Financial Habits

Every January brings that familiar rush of new ideas and big goals. Creators feel ready to overhaul their content, commit to new posting schedules and jump on fresh opportunities.

Megan Stokes ·
opinion

Pornnhub's Jade Talks Trust and Community

If you’ve ever interacted with Jade at Pornhub, you already know one thing to be true: Whether you’re coordinating an event, confirming deliverables or simply trying to get an answer quickly, things move more smoothly when she’s involved. Emails get answered. Details are confirmed. Deadlines don’t drift. And through it all, her tone remains warm, friendly and grounded.

Women In Adult ·
trends

Outlook 2026: Industry Execs Weigh In on Strategy, Monetization and Risk

The adult industry enters 2026 at a moment of concentrated change. Over the past year, the sector’s evolution has accelerated. Creators have become full-scale businesses, managing branding, compliance, distribution and community under intensifying competition. Studios and platforms are refining production and business models in response to pressures ranging from regulatory mandates to shifting consumer preferences.

Jackie Backman ·
opinion

How Platforms Can Tap AI to Moderate Content at Scale

Every day, billions of posts, images and videos are uploaded to platforms like Facebook, Instagram, TikTok and X. As social media has grown, so has the amount of content that must be reviewed — including hate speech, misinformation, deepfakes, violent material and coordinated manipulation campaigns.

Christoph Hermes ·
Show More