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

What DSA and GDPR Enforcement Means for Adult Platforms

Adult platforms have never been more visible to regulators than they are right now. For years, the industry operated in a gray zone: enormous traffic, massive data volume and minimal oversight. Those days are over.

Corey D. Silverstein ·
opinion

Making the Case for Network Tokens in Recurring Billing

A declined transaction isn’t just a technical error; it’s lost revenue you fought hard to earn. But here’s some good news for adult merchants: The same technology that helps the world’s largest subscription services smoothly process millions of monthly subscriptions is now available to you as well.

Jonathan Corona ·
opinion

Navigating Age Verification Laws Without Disrupting Revenue

With age verification laws now firmly in place across multiple markets, merchants are asking practical questions: How is this affecting traffic? What happens during onboarding? Which approaches are proving workable in real payment flows?

Cathy Beardsley ·
opinion

How Adult Businesses Can Navigate Global Compliance Demands

The internet has made the world feel small. Case in point: Adult websites based in the U.S. are now getting letters from regulators demanding compliance with foreign laws, even if they don’t operate in those countries. Meanwhile, some U.S. website operators dealing with the patchwork of state-level age verification laws have considered incorporating offshore in the hopes of avoiding these new obligations — but even operators with no physical presence in the U.S. have been sued or threatened with claims for not following state AV laws.

Larry Walters ·
opinion

Top Tips for Bulletproof Creator Management Contracts

The creator management business is booming. Every week, it seems, a new agency emerges, promising to turn creators into stars, automate their fan interactions or triple their revenue through “secret” social strategies. The reality? Many of these agencies are operating with contracts that wouldn’t survive a single serious dispute — if they even have contracts at all.

Corey D. Silverstein ·
opinion

Building Sustainable Revenue Without Opt-Out Cross-Sales

Over the past year, we’ve seen growing pushback from acquirers on merchants using opt-out cross-sales — also known as negative option offers. This has been especially noticeable in the U.S. In fact, one of our acquirers now declines new merchants during onboarding if an opt-out flow is detected. Existing merchants submitting new URLs with opt-out cross-sales are being asked to remove them.

Cathy Beardsley ·
trends

How to Handle Payment Disputes Without Sacrificing Trust

You can run the best-managed and most compliant website out there, but that still doesn’t completely shield you from the risks tied to payment disputes. Buyer’s remorse, an unclear billing description or even a simple misunderstanding can lead a customer to dispute a transaction. Accumulate enough disputes, and both your reputation and revenue could be at risk.

Jonathan Corona ·
trends

WIA Profile: Taylor Moore

With a 70-person team and a growing slate of tools for content creators, the Teasy Agency has developed a reputation for putting talent first. That commitment owes a lot to co-founder Taylor Moore’s own experiences as a cam model.

Jackie Backman ·
profile

WIA Profile: Cathy Turns Creator Platform Experience Into a Model-First Playbook

As both a model and industry executive, Cathy lives in two worlds at once. “Since I do both things, I can act as the liaison between the model community and the rest of the SextPanther team,” she tells XBIZ.

Jackie Backman ·
opinion

From Compliance to Confidence: The Future of Safety in Adult Platforms

In numerous countries and U.S. states, laws now require platforms to prevent minors from accessing age-inappropriate material. But the need for safeguarding doesn’t end with age verification. Today’s online landscape also places adult companies at uniquely high risk for inadvertently facilitating exploitation, abuse or reputational harm, or of being accused of doing so.

Andy Lulham ·
Show More