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Apple faces class action over Apple Pay fees charged to card issuers

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Apple faces class action over Apple Pay fees charged to card issuers

U.S. District Judge Jeffrey S. White has certified a class-action lawsuit accusing Apple of charging payment card issuers inflated fees for Apple Pay transactions. Here are the details.

As first spotted by AppleInsider, a federal judge has allowed an antitrust lawsuit over Apple Pay fees to proceed as a class action, meaning payment card issuers across the U.S. may now pursue their claims against Apple as a group.

In a press release from Hagens Berman, the law firm representing the plaintiffs, the firm said the certified class includes all U.S. entities that issued payment cards enabled for Apple Pay and paid Apple fees on transactions made with those cards.

The firm argues that while mobile wallets on Android do not charge card issuers transaction fees, Apple charges U.S. issuers 0.15% on credit card transactions and 0.5 cents on debit card transactions made through Apple Pay.

The lawsuit accuses Apple of extracting up to $1 billion annually in fees in violation of federal antitrust law. Apple denies rivals access to the technology needed to develop a competing mobile wallet, according to the class action. On iOS devices, Apple has ensured that only its mobile wallet, Apple Pay, can make contactless payments at the point of sale. Having secured a monopoly for Apple Pay in this fashion, Apple charges card issuers who use Apple Pay, like credit unions and other small financial institutions, supracompetitive fees for a service that is available on Android devices for free, according to the lawsuit.

The firm also highlighted that Judge White “denied Apple’s motion to exclude expert testimony attorneys say establishes common proof that Apple maintains monopoly power in a relevant antitrust aftermarket for tap-and-pay iOS mobile wallets as well as a broader market for all mobile wallets.”


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