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Landmark Supreme Court Victory for U.S. Retail ATM Providers - NAC Delivers Once Again for America's ATM ISOs & IADs

The U.S. ATM industry is a tight-knit community of business owners and vendors striving to provide convenient cash and account access to consumers throughout the nation. We have faced many challenges and struggles together over the past few years, including significant costs for implementation of new Americans with Disabilities Act (ADA) regulations, rampant ATM bank account closures via misapplication of Operation Choke Point, continual security updates, deep drops in interchange payments to ISOs/IADs, excessive and mislabeled “Foreign Bank Fees” and, most recently, the wrath of an unprecedented U.S. EMV ATM liability shift.  

In the face of all these road blocks and difficulties, our industry sector has come together and fought hard for our best interests...winning some very important battles along the way and achieving a respected seat at the table on the major issues impacting our industry and our companies.  Leading this charge on behalf of America’s ATM ISOs and IADs over the past five years has been none other than The National ATM Council, Inc. (NAC), on whose Board I continue to have the pleasure of serving, and which I have been privileged to Chair during the past three years.

NAC’s most recent win for our retail ATM sector came on November 17, 2016, when the United States Supreme Court dismissed VISA/MasterCard/BoA/Wells Fargo/Chase’s appeal as improvidently granted – thus allowing NAC’s litigation to proceed to trial. This significant decision was just the latest exciting development in what has been a five year, action packed history of NAC’s ongoing antitrust case, first filed back in 2011.   

Allow me to be crystal clear for the record – the appeal just tossed out by the U.S. Supreme Court was a challenge by the networks/banks seeking to eliminate NAC’s longstanding litigation on behalf of the independent ATM industry.  There have been misleading reports and announcements suggesting that this latest court victory was somehow achieved by an organization other than NAC. This is a complete falsehood that mischaracterizes the real situation – and tries to take credit for NAC’s and its legal counsel’s five years of hard work and dedication in this case. 

While several other organizations (and the U.S. Government) did file “friends of the court” briefs with the Supreme Court – these were “one shot” appearances by non-parties to the case – and all those briefs favoring the ATM providers were submitted in support of NAC’s main brief in the appeal – which was the primary filing for the retail ATM operators.  While NAC sincerely appreciates all the support it has received in the form of the impressive “Amicus” filings made by nonparties to the appeal before the Supreme Court, these briefs were just that – “adjunct” filings by non-parties to the case. 

This Supreme Court victory squarely belongs to NAC and its attorneys, Rubin PLLC, the Mogin Law Firm, and Goldstein and Russell. This ATM trade association and its exceptional legal team are the only ones who filed this class action antitrust litigation in the first place – and have prosecuted it diligently and successfully through two rounds of appeals – over more than five years time – culminating in the recent Supreme Court victory. Sincerest thanks and appreciation to these talented and dedicated professionals for their work and accomplishments! NAC will now resume pursuit of the trial in earnest. 

I encourage all U.S. ATM industry professionals to review the official press release regarding the U.S. Supreme Court decision here to learn the full story of the case and the Supreme Court’s ruling. To receive further news and updates for the ongoing litigation, along with other U.S. ATM industry information from NAC, you may sign up here

Thank you again for the privilege of serving as NAC Chair, which has been an amazing and very fulfilling experience.  I look forward to continuing my service to the industry as a NAC Board member going forward. We must all remember that NAC is OUR U.S. ATM trade organization – doing important things for the betterment of our ATM businesses – please continue to support this extraordinary trade group so NAC can continue its vital work for YOU!


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