FTC Announces Action Against Payment Processor for Allegedly Knowingly Facilitating Payment Processing for Sham Merchants

On September 8, 2026, the Federal Trade Commission announced that a payment processing company will pay $12 million and be permanently banned from processing payments for merchants with a heightened risk of potential fraud to settle allegations that it allegedly processed payments for merchants that defrauded consumers.

According to an FTC compliance lawyer, the FTC’s complaint alleges that the company processed payments for more than 1,000 merchants that were shell entities that served as fronts or pass-throughs for fraudulent companies engaged in unauthorized billing scams.

The company “was processing payments for companies despite red flags indicating they were scamming consumers,” said FTC lawyer Katherine White, Deputy Director of the FTC’s Bureau of Consumer Protection. “This case underscores the FTC’s commitment to holding companies accountable for knowingly supporting fraudulent businesses.”

The FTC alleges that the company:

  • Opened and processed payments for merchants it knew, or consciously avoided knowing, were shell companies used by undisclosed third parties engaged in fraud;
  • Opened these sham accounts despite red flags indicating the merchants were shells and typically incurred chargebacks at rates that were almost 10 times higher than what credit card brands view as excessive; and
  • Attempted to increase the volume of transactions processed through these sham accounts by placing them on a lower-risk bank “BIN” (a bank identification number licensed by the credit card networks), used by an affiliated entity, to improve the likelihood that attempted transactions would be approved by cardholders’ banks.

In addition to paying $12 million for consumer redress, the proposed order will prohibit the company from:

  • engaging in or assisting others who are engaged in credit card laundering;
  • payment processing for four categories of merchants:
    • straw companies;
    • merchants on the Mastercard Alert to Control High-Risk (MATCH) list for reasons including excessive chargebacks, laundering and fraud;
    • merchants that have been subject to law enforcement action; and
    • e-commerce entities that use third-party mailbox providers, such as UPS stores, as their only business location and either use negative option billing, are new or do not have past processing history.
  • making or assisting others in providing false or misleading information to obtain payment processing, such as misleading information about merchants in applications for merchant accounts; and
  • engaging in, or assisting those engaged in, tactics to avoid fraud and risk monitoring, including load balancing.

The Commission vote approving the filing of the proposed order was 2-0. The FTC filed the proposed order in the U.S. District Court for the Eastern District of Michigan.

Richard Newman is an FTC compliance and defense attorney at Hinch Newman LLP.

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Richard Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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Hinch Newman LLP’s advertising and marketing practice includes two decades successfully resolving some of the highest-profile Federal Trade Commission (FTC) and state attorneys general digital advertising and telemarketing investigations and enforcement actions. As FTC attorneys, the firm possesses superior FTC compliance knowledge and more than 20 years of FTC defense advocacy experience in the areas of advertising, marketing, lead generation, promotions, e-commerce, privacy and intellectual property law. It has also been selected to author the Consumer Protection Section of the prestigious American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive resource for developments of concern to advertisers, marketers and legal professionals that practice before the Commission. Through these advertising and marketing law updates, Hinch Newman LLP provides commentary, news and analysis on issues and trends concerning developments of interest to digital marketers, including FTC and state attorneys general advertising compliance, civil investigative demands (CIDs), and administrative/ judicial process. 

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