Blakes also provides advice on compliance with both federal and provincial consumer protection legislation, guidelines and codes of conduct, including advice with respect to cost of credit disclosure, credit reporting, privacy, anti-spam, escheatment and collections practices. As part of our practice, we regularly draft and review cardholder agreements, applications, account statements, privacy statements and other required disclosures and customer communications to ensure compliance with the applicable federal and provincial laws and regulations. Blakes also provides regulatory advice on mobile and emerging payments and compliance with laws applicable to mobile wallets, payment apps, mobile and contactless payments and tokenization.
Our corporate/commercial lawyers have extensive experience in all aspects of the establishment, acquisition and divestiture of every type of payment card business. We have significant expertise in reorganization work for payment card businesses, as well as a broad range of experience in program agreements, sponsorship or rent-a-BIN agreements, partnership, joint venture, alliance, co-brand and distribution agreements, outsourcing contracts and merchant contracts.
Blakes has extensive litigation experience across Canada acting for financial services clients on a broad range of payment card issues. We have defended national and provincial class actions brought with respect to criminal interest rate allegations, payment and posting-date issues, currency exchange rate claims and alleged violations of consumer disclosure obligations. We also routinely act for payment card issuers in individual contractual claims and in collection proceedings.