MasterCard/Advance Consent Issue/ Data Pass

MasterCard Information

Recently there has been significant concern among ERA members regarding recent terminations of MasterCard merchant accounts of various marketers. During The Great Ideas Summit 2010, ERA discussed this issue at the ERA Board of Directors and Government Affairs Committee meetings. In response, ERA staff opened a direct dialogue with MasterCard to clarify information and ensure our members have the most recent and up to date information on this issue. Sign-up for further updates. Based on information that emerged at the conference, ERA staff briefed The Great Ideas Summit attendees while on-site. In addition, ERA has formed a task force to closely follow the issue and advocate for ERA members.

Based on our direct conversations with MasterCard, ERA members should note the following:

1. MasterCard stated that it does not plan on issuing any merchant guidance or guidelines
2. All applicable merchant rules can be found on the MasterCard website
3. While supportive of best practices that improve the marketplace, MasterCard will not be certifying or endorsing any 3rd party guidance including:
   
   1. Individuals
   2. Individual Companies
   3. Certification Programs
   4. Associations

Based on our dialogue, MasterCard indicated a willingness to review any updated ERA guidance for consistency with their published policies. The ERA Task Force on this issue will implement these changes if necessary. We encourage you to review the current applicable guidelines on this issue at the following links:

• Advanced Consent Marketing Guidelines
• Marketing Guidelines for Electronic Retailers
• Online Marketing Guidelines

Visa has also recently released information on its changes to data pass policies. ERA is currently responding to this issue.

Senate Commerce Activity

ERA has also been involved in work with the Senate Commerce Committee to improve legislation that addresses this issue. An original draft of the legislation included burdensome provisions that have now been removed. See ERA's press release regarding these changes.

On June 9, 2010 the Senate Commerce Committee approved a modified draft of the legislation. Please see the current text of the legislation for the details. ERA will continue to work during the amendment process to improve provisions of concern.

The Great Ideas Summit 2010 - Linda Goldstein Interview re MasterCard/Advance Consent Issue from Electronic Retailing Assoc. on Vimeo.

If you have any questions about the list please e-mail Tomi Turner at tturner@retailing.org. We will continue to monitor and work this issue and keep you updated as conditions warrant.

Please contact Bill McClellan, Vice President, Government Affairs bmcclellan@retailing.org with any questions or concerns.