News
Nicole M. Meisner
- E nmeisner@taftlaw.com
- T (248) 727-1453
- F (248) 351-3082
Summary
Nicole chairs Taft’s Paytech and Payment Systems practice group. She counsels a wide range of companies in the payments and financial services industries, including acquiring banks, payment processors, independent sales organizations (ISOs), payment facilitators, marketplaces, mobile payment providers, financial technology (FinTech) companies, ACH providers, money transmitters, prepaid access providers, and digital currency companies. A large segment of Nicole’s client-base includes software platforms and other SaaS providers that have embedded or integrated payment processing solutions into their core offering. Clients look to Nicole to advise on contractual and compliance matters involving the impacts of dynamic state and federal regulations and industry rules, the structure of the flow-of-funds, and the creation of strategic business relationships to mitigate legal risks. Nicole also frequently advises clients on card brand compliance matters including, for example, credit card surcharge, convenience fee, and cash discount programs.
Nicole is a nationally recognized leader on the issues that intersect payments and money transmission and often advises payment companies on navigating the risks of money transmission laws and regulations. She has extensive experience advising clients on various exemptions to money transmitter registration recognized by the Financial Crimes Enforcement Network (FinCEN) as well as exemptions to licensure, such as the agent-of-the-payee exemption, recognized by several states.
A core component of Nicole’s practice involves drafting and negotiating a variety of payment-focused agreements, such as:
- payment facilitator agreements;
- acquiring sponsorship agreements;
- independent sales organizations (ISO) agreements;
- merchant and sub-merchant agreements;
- Third Party Sender agreements;
- Custodial (FBO) Account agreements;
- BIN sponsorship agreements;
- Payments acceptance terms of use; and
- agent bank and association contracts.
Awards
Recipient, Forty Under 40, Electronic Transaction Association (2020)
Recipient, Young Payment Professionals Scholar, Electronic Transactions Association (2018)
Honoree, Michigan Super Lawyers Rising Stars (2018 – 2021)
Honoree, Florida Super Lawyers Rising Stars (2016 – 2017)
All Service Areas
All Practices
Education
- Nova Southeastern University (2011)
summa cum laude
- University of Tennessee, Martin (2016)
M.B.A.
summa cum laude - Florida Atlantic University (2008)
B.A.
Admissions
- State - Michigan
- State - Florida
Speeches and Publications
- Presenter, “Knowing your Role: ACH Settlement Payouts and Payment Acceptance,” ETA TRANSACT 2024, April 19, 2024.
- Panelist, “Navigating Regulatory Shifts in Payments,” Association of Payment Professionals LevelUp 2024 Conference, March 6, 2024.
- Panelist, “Bank Secrecy Act (BSA), Anti-Money Laundering (AML), and Know Your Customer (KYC),” “Money Transmission,” “PayFacs (Payment Facilitators),” “Surcharging and Cash Discounting,” “Money Transmission, Fintech,” ETA Payment Compliance Conference, Nov. 8, 2023.
- Panelist: “Current Business and Legal Considerations for Processors and Sponsor Banks” ETA TRANSACT 2023, Atlanta, Georgia.
- “Payment Facilitation Sub-Models and How to Classify Them.” Transaction Trends (April 4, 2023).
- “Deep Impact? What Recent Law Enforcement Actions Can Mean to the Payments Industry,” The Association of Payment Professionals (formerly the Merchant Acquirers’ Committee (MAC), Level Up Conference, March 2023.
- “Compliance for Payment Facilitators,” ETA Payment Compliance Conference, Washington, DC., October 2022.
- Quoted in Digital Transactions Article “Behind Washington’s Tougher Stance on Payments,” July 1, 2022 (authored by Peter Lucas).
- “Legal Trends Impacting Payment Facilitators,” ETA TRANSACT Conference, Las Vegas, Nev., April 2022.
- Co-author, “ETA Expert Insights: Money Transmission and Payment Facilitation — Risks and Mitigation Strategies, Part 2,” Electronic Transactions Association, Transactions Trends, July 28, 2021.
- Co-author, “ETA Expert Insights: Money Transmission and Payment Facilitation — Risks and Mitigation Strategies, Part 1,” Electronic Transactions Association, Transactions Trends, May 6, 2021.
- Author, “Money Transmitter Laws May Impact Your Deal: Costs, Considerations and Consequences,” Electronic Transactions Association, Transactions Trends, Oct. 19, 2020.
- “Implications of Money Transmission Laws Beyond Regulatory Enforcement,” Merchant Acquirers’ Committee Virtual Regional event, October 2020.
- Author, “Guest Analysis: The Intersection of Payments and Money Transmission: A Look at The Agent-of-the-Payee Exemption,” Electronic Transactions Association, Transactions Trends, May 30, 2019.
- Guest Speaker, “Financial Crime Trends and Tactics,” 12th Annual Money Laundering Reporting Officers Day 2013, The Bahamas Association of Compliance Officers, Nassau, Bahamas, September 2013.
- Guest Speaker, “Secondary Liability Fraud Actions,” Association of Certified Financial Crime Specialists-Financial Crime 360° Training Seminar, New York City, N.Y., January 2013.
News
Meisner to Speak on Three Panels at ETA's Payments Compliance Conference News
Meisner Featured on Transaction Trending Podcast News
Meisner to Speak on Five Panels at 2023 Payments Compliance Conference Law Bulletins
Visa Revises Rules Governing Surcharge Programs
Professional Affiliations
- State Bar of Michigan
Member
- Florida Bar Association
Member
- Electronic Transactions Association
Member (2017 – present)
- Electronic Transactions Association
Payment Facilitator Committee, Committee Member and Working-Group Chair (2019 – present)
- Money Services Business Association
Member
- Association of Certified Financial Crime Specialists
Co-Chair, South Florida Chapter (2014)
- Association of Certified Financial Crime Specialists
Member, Certification and Training Task Force (2015 – 2017)