PaymentsJournal
No Result
View All Result
SIGN UP
  • Commercial
  • Credit
  • Debit
  • Digital Assets & Crypto
  • Digital Banking
  • Emerging Payments
  • Fraud & Security
  • Merchant
  • Prepaid
PaymentsJournal
  • Commercial
  • Credit
  • Debit
  • Digital Assets & Crypto
  • Digital Banking
  • Emerging Payments
  • Fraud & Security
  • Merchant
  • Prepaid
No Result
View All Result
PaymentsJournal
No Result
View All Result

Washington State Payments Processing Regulations

By Raymond Pucci
February 24, 2016
in Analysts Coverage
0
0
SHARES
0
VIEWS
Share on FacebookShare on TwitterShare on LinkedIn
Modern Laptop Keyboard with the words Corporate Banking on Blue Button. Corporate Banking on Modern Laptop Keyboard Background. Key Corporate Banking on PC Keyboard. 3D.

Modern Laptop Keyboard with the words Corporate Banking on Blue Button. Corporate Banking on Modern Laptop Keyboard Background. Key Corporate Banking on PC Keyboard. 3D.

Attention—payments processors and merchant acquirers—beware of regulatory watchdogs, in this case Washington State’s Department of Financial Institutions, on the prowl for any business entities that participate or facilitate the payments settlement process between retail merchants and consumers. Morrison and Foerster, LLP, has written this cautionary note:

One of the defining aspects of the payments revolution of the past few years—at least from a regulatory perspective—has been the question of whether any particular payments service is subject to regulation as money transmission. Almost all U.S. states regulate money transmitters under state-specific licensing regimes; the statutory definitions of money transmission are quite broad and typically cover any entity that “receives” and “transfers” money.

Late last year, Washington State’s Department of Financial Institutions (“DFI”) entered the fray with an interpretive (“Statement”) that took effect in January. This Statement is unique, however, in that it requires a “payment processor” to obtain a licensing waiver from DFI prior to operating in the state. The Statement is not explicit about what constitutes covered payment processing, but it does describe “payment processors” as entities that “receive payments from consumers, settle payment transactions with or without financial institutions, and transmit payments to merchants’ or creditors’ accounts.” Furthermore, payment processors “may also provide marketing, billing, or other merchant service functions.

This Statement establishes DFI’s position that a “payment processor” is a money transmitter that must seek a waiver to operate in the state of Washington without a money transmission license. Companies that provide services to facilitate transactions in Washington should therefore evaluate whether their business models might make them a “payment processor” and whether the licensing waiver would apply to their business models. Any such analyses should be approached deliberately, especially in light of DFI’s warning that a payment processor “must” seek a waiver “before conducting activity in [Washington] state,” and that a failure to do so “risk[s] an action by [DFI] for unlicensed activity.”

Any company in the value chain of payments processing and acquiring needs to be aware of state-by-state interpretations of existing banking laws and regulations. Whether this Washington State case is the start of an expansive regulatory movement, or simply an outlier, remains to be seen. Typically, these issues take months, sometimes years, to resolve. However, payments processors are advised to place their legal departments and outside law firms on speed-dial.

Overview by Raymond Pucci, Associate Director, Research Services at Mercator Advisory Group

Read the full story here

0
SHARES
0
VIEWS
Share on FacebookShare on TwitterShare on LinkedIn

    Get the Latest News and Insights Delivered Daily

    Subscribe to the PaymentsJournal Newsletter for exclusive insight and data from Javelin Strategy & Research analysts and industry professionals.

    Must Reads

    ai phishing

    The Fraud Epidemic Is Testing the Limits of Cybersecurity

    February 6, 2026
    stablecoins b2b payments

    Stablecoins and the Future of B2B Payments: Faster, Cheaper, Better

    February 5, 2026
    Payment Facilitator

    The Payment Facilitator Model as a Growth Strategy for ISVs

    February 4, 2026
    Simplifying Payment Processing? Payment Orchestration Can Help , multi-acquiring merchants

    Multi-Acquiring Is the New Standard—Are Merchants Ready?

    February 3, 2026
    ACH Network, credit-push fraud, ACH payments growth

    What’s Driving the Rapid Growth in ACH Payments

    February 2, 2026
    chatgpt payments

    How Merchants Should Navigate the Rise of Agentic AI

    January 30, 2026
    fraud passkey

    Why the Future of Financial Fraud Prevention Is Passwordless

    January 29, 2026
    payments AI

    When Can Payments Trust AI?

    January 28, 2026

    Linkedin-in X-twitter
    • Commercial
    • Credit
    • Debit
    • Digital Assets & Crypto
    • Digital Banking
    • Commercial
    • Credit
    • Debit
    • Digital Assets & Crypto
    • Digital Banking
    • Emerging Payments
    • Fraud & Security
    • Merchant
    • Prepaid
    • Emerging Payments
    • Fraud & Security
    • Merchant
    • Prepaid
    • About Us
    • Advertise With Us
    • Sign Up for Our Newsletter
    • About Us
    • Advertise With Us
    • Sign Up for Our Newsletter

    ©2024 PaymentsJournal.com |  Terms of Use | Privacy Policy

    • Commercial Payments
    • Credit
    • Debit
    • Digital Assets & Crypto
    • Emerging Payments
    • Fraud & Security
    • Merchant
    • Prepaid
    No Result
    View All Result