Representing issuers, processors, gateways, platforms, merchants, technology companies, e-commerce marketplaces, banks and financial institutions, Anita Boomstein counsels companies in the payments and fintech industries. Her merchant clients, which range from startup businesses to Fortune 100 companies, span industries such as retail, media, publishing, hospitality, entertainment and technology. She also assists private equity firms to conduct due diligence on transactions involving payment and fintech companies.
Anita guides companies through the creation of strategic partnerships to form diverse payment and loyalty programs. She further advises clients on the regulations and legal issues related to credit card, debit card, prepaid card and gift card programs.
Clients developing emerging payment products—such as mobile wallets, virtual accounts and electronic money transfers for consumers and businesses—also rely on Anita to help develop innovative programs and alliances. She structures and negotiates agreements, rules and regulations for participants in these ventures, and prepares consumer disclosures and terms.
Anita’s practice also involves counseling clients on privacy and cybersecurity matters, including creating incident response plans, counseling on relevant laws and Card Network PCI requirements, and representation of merchants that have suffered data security compromises. Anita regularly advises clients on Card Network Rules and issues affecting card acceptance by merchants. That includes merchant “swipe-fee” litigation, interchange rules, credit card surcharges, recurring billing, “data pass,” registration of payment facilitators and TPAs, and cross-border card acceptance. She also assists merchants in negotiating merchant agreements with processors and ISOs, and agreements for tokenization and gateway services. Anita advises banks and nonbank providers of financial services on state and federal payment regulations, lending and consumer protection laws and related legislative and litigation developments, state money transmitter licensing requirements and Bank Secrecy Act and anti-money laundering laws and regulations.
Having previously served as in-house counsel for both a prominent financial services provider and a global commercial bank, Anita understands the workings of the card and payments businesses, including credit origination, operations, processing and servicing functions, and marketing. Anita is a frequent speaker at industry events.