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Liability Shift: What Is It and How to Protect Your Business

Liability Shift: What Is It and How to Protect Your Business

Liability shift moves fraud costs from merchants to issuers when EMV or 3D Secure (3DS) is used, reducing chargebacks. Protect your business with DepositFix today!

In 2017, The Federal Reserve reported that people used their credit cards 123.5 billion times. Half of these were chip-authenticated. Liability shift helps you move the blame for chargebacks and fraud to the card issuer.

With EMV and Strong Customer Authentication (SCA), who pays for chargebacks has changed. Knowing about these changes helps you make smart choices. This article will cover liability shift, EMV and 3DS, and how to protect your business.

Key Takeaways

  • The liability shift helps merchants transfer chargeback responsibilities to card issuers.
  • Understanding EMV and 3DS regulations is vital for reducing payment fraud.
  • Effective fraud prevention measures can cut chargeback rates by 70-90%.
  • The cost of a chargeback is typically higher than processing refunds.
  • Track customer behavior to identify and prevent potential fraud.
  • Stay abreast of payment technology changes to safeguard your business.

What Is Liability Shift

A payment liability shift changes who is responsible for losses in fraudulent transactions. When this shift happens, the credit card issuer must cover the losses. This change occurs when merchants use EMV technology and 3D Secure (3DS) protocol.

These protocols add extra security to transactions. Without them, merchants are still responsible for chargebacks and fraud losses. This shows how important it is to understand your financial liability.

By 2023, 94.76% of global transactions used EMV chip cards. This shows how effective EMV technology is in reducing fraud. Since October 1, 2015, nearly ten years of compliance have shaped card-present transactions.

Knowing when liability shifts can help merchants manage their financial responsibilities. For example, the acquiring bank is responsible for counterfeit card transactions in certain cases. But the issuer is always responsible for other fraud types, no matter the terminal's capabilities.

What Is EMV Liability Shift

The EMV liability shift was introduced to make card-present transactions safer. It encourages merchants to use chip technology. If you don't use chip technology, you'll have to pay for any fraud.

Before, card issuers covered these losses. Now, if you accept an EMV card but use magnetic stripes, you're responsible. This change aims to lower fraud and make payment processes better.

Visa saw a 70% drop in counterfeit fraud at retailers with EMV systems from 2015 to 2017. This shows chip technology's power against fraud.

If you use EMV technology and a card is fake, the card issuer pays. This shift is especially important for card-present transactions. It's also important for card-not-present transactions, as this type of fraud continuously grows.

Since October 1, 2015, the EMV liability shift has been in place. It highlights the need for secure payment technologies.

What Is 3DS Liability Shift

The 3DS liability shift changes how we handle online payments. It offers strong protection against scams. When you use 3D Secure during checkout, the risk of fraud often falls on the card issuer, not you. This is especially important in the EU, where it's a must under Strong Customer Authentication (SCA) rules.

3DS makes it clear who bears the risk. For instance, Mastercard says a successful 3DS check (Y) means the risk shifts. But if it fails (N) or can't be checked (U), you're still at risk. Visa and American Express agree, showing that a successful check protects you.

Even though 3DS might make buying a bit harder, the benefits of fewer chargebacks are worth it. Using 3DS makes online shopping safer for everyone.

How to Prepare for a Payment Liability Shift

To handle a payment liability shift well, businesses need to act early. Getting ready can lower risks and keep up with new rules. Knowing what to focus on can boost your security, make customers happy, and handle money better.

Enhance Your Communication Skills

Good communication teaches them about safe payment ways. Tell them how to keep their info safe during buys. This builds trust and gets them to report odd stuff.

Implement Fraud Prevention Software

Using strong fraud prevention software is vital. These tools check transaction data for fraud signs. This way, you cut down on chargebacks and meet liability shift rules.

Track the Signup, Login, and Purchase Process

Watching the whole customer path helps you find weak spots fraudsters might use. Using analytics tools gives you insights to improve security.

Promote Refunds Over Chargebacks

Teaching a refund culture helps keep good relations with payment companies. This approach keeps your reputation safe and follows current rules. Focusing on refunds can also lessen dispute risks.

Build Strong Relationships With Payment Partners

Having good relationships with payment partners is vital. They help you keep up with changing rules. These partnerships give you the tools and updates you need to manage liability shifts well.

Working together, you can make sure your systems can handle risks. This also helps your fraud detection efforts grow.

Analyze Customer Behavior

Looking into how customers act can show fraud patterns. Knowing how they use your payment system helps spot odd behavior fast.

Using this info, you can create plans to lower chargeback risks. This makes your security stronger against fraud.

Utilize Machine Learning for Detection

Machine learning is a big help in catching fraud. It uses algorithms to learn from data and spot suspicious activities right away.

This approach keeps your business ahead of fraud. It cuts down on losses and makes your payment security stronger.

Step
Description
Enhance Your Communication Skills
Educate customers on safe payment practices, building trust and encouraging them to report suspicious activities.
Implement Fraud Prevention Software
Use fraud detection tools to analyze transactions, reduce chargebacks, and comply with liability shift rules.
Track the Signup, Login, and Purchase Process
Monitor the customer journey to identify vulnerabilities and enhance security using analytics tools.
Promote Refunds Over Chargebacks
Encourage refunds instead of chargebacks to maintain good relationships with payment processors and reduce disputes.
Build Strong Relationships With Payment Partners
Stay updated on payment regulations by collaborating with partners, gaining tools and insights for better risk management.
Analyze Customer Behavior
Detect fraud patterns by studying customer activity, enabling quick identification of suspicious transactions.
Utilize Machine Learning for Detection
Leverage AI algorithms to detect fraudulent activities in real-time, minimizing losses and strengthening payment security.

SCA Exemptions and Out-of-Scope Transactions

Strong Customer Authentication (SCA) requires two-factor authentication for most electronic payments. Knowing about SCA exemptions and out-of-scope transactions helps businesses stay compliant and reduce fraud risk. Some transactions are not covered by SCA rules, making payments easier for everyone.

Common SCA Exemptions

  • Contactless payments at points of sale
  • Unattended terminals for transport and parking
  • Trusted beneficiary transactions, where authentication is bypassed for returning customers
  • Recurring transactions after the first payment
  • Credit transfers between accounts held by the same individual
  • Low-value transactions typically under €30
  • Secure corporate payments
  • Low-risk transactions assessed by payment providers

Common Out-of-Scope Transactions

  • One-leg-out transactions where either the acquirer or issuer is outside the European Economic Area (EEA)
  • Mail order/telephone order (MOTO) payments, which do not require authentication
  • Merchant-initiated transactions (MIT) that bypass SCA requirements

For low-risk transactions, merchants can use Transaction Risk Analysis (TRA) to get SCA exemptions. These exemptions are especially useful for low-value payments. They improve the user experience and lower fraud risk. Understanding which transactions qualify helps businesses stay efficient and compliant with changing rules.

Transaction Type
Category
Authentication Required
Contactless Payments
SCA Exemption
No
MOTO Payments
Out-of-Scope
No
Recurring Transactions
SCA Exemption
First Payment Only
Merchant-Initiated Transactions
Out-of-Scope
No
Low-Value Transactions
SCA Exemption
Conditional

Liability Shift Using APMs

More people use digital wallets for their safety and ease. Knowing how these APMs work helps you understand transaction liability better.

Apple Pay

Apple Pay has strong security, like biometric checks. This means the card issuer usually handles fraud. It uses tokenization to keep your card info safe from merchants, lowering fraud risk.

Secure communication between devices and the payment network can shift liability in your favor when using Apple Pay.

Google Pay

Google Pay also offers a big plus. Its CRYPTOGRAM_3DS mode confirms the cardholder's identity, leading to a liability shift. It uses many security steps to keep your info safe.

This makes transactions safer for both you and the merchant. It builds trust and lowers fraud risks for businesses.

Other APMs

Many other APMs, like PayPal, Alipay, and BLIK, also offer strong security. They help reduce fraud risks. But, merchants need to know the rules for each APM about chargebacks and reversals.

How to Become EMV Compliant and Protect Your Business

Getting your business EMV compliant provides for better payment security and less fraud risk. Using EMV-enabled payment terminals is a big step. It greatly lowers the chance of fraud, helping keep your business safe.

Choose the right hardware and software for EMV compliance. In the U.S., not upgrading led to businesses being liable for fraud. The deadline for most was October 1, 2015. By then, 69% of credit cards were EMV-enabled.

Train your staff on new payment tech. Knowing EMV standards helps avoid mistakes. In places like the UK and France, fraud dropped after adopting EMV.

Not going EMV can cost you, like extra charges on non-EMV transactions. Upgrading systems could cost $8 billion to $12 billion nationwide. Even small upgrades, like for fuel pumps, can be $6,000 to $10,000 each.

Prevent Chargebacks and Transaction Fraud with DepositFix

DepositFix helps businesses tackle these problems. It makes payment processes smoother and keeps your money safe.

DepositFix makes setting up easier, especially for companies selling in many places. This saves time, letting you focus on what matters most.

It also meets important standards like GDPR and PCI DSS. This helps avoid big fines and supports your fraud prevention efforts.

DepositFix has top-notch fraud detection. As more Payment Facilitators (PayFacs) enter the market, this makes shopping safer for your customers.

Feature
Benefit
Simplified Administrative Setup
Reduces time spent on compliance documentation
Compliance Management
Helps avoid fines from regulatory bodies
Fraud Detection Systems
Reduces risk of chargebacks and scams
Multi-Payment Method Acceptance
Enhances customer experience and potentially increases conversion rates
Customer Service Management
Lowers operational burdens on your business

Using DepositFix is a big step in protecting your business, as it helps keep your finances stable. Schedule a free demo and protect your business today!

Conclusion

Businesses using secure methods like EMV and 3DS protect themselves and gain customer trust. Studies show up to 90% of consumers feel safer with EMV chip cards.

Merchants need to use EMV technology to avoid fraud costs. Not using it can lead to financial loss from fraud. When retailers improve fraud prevention and educate teams, they can lower fraud risks and losses.

Create a strong liability management plan and stay updated on trends. This ensures your business grows while keeping payments secure. Making these choices strengthens your business and keeps customers safe.

FAQs

What is an example of a liability shift in payments?

A common example is the EMV liability shift. If a merchant does not use an EMV chip-enabled card reader and fraud occurs, the merchant is liable for the fraudulent transaction instead of the card issuer.

Does liability shift apply to all payment methods?

No, liability shift primarily applies to credit and debit card transactions, especially in card-present environments. It may not apply to alternative payment methods like cryptocurrency or peer-to-peer transactions.

Can liability shift apply to online transactions?

Yes, liability shift can apply to online payments, particularly with 3D Secure authentication (e.g., Verified by Visa, Mastercard SecureCode). If a merchant uses 3D Secure, liability for fraud may shift to the card issuer.

What happens if a merchant refuses to comply with liability shift requirements?

If a merchant does not upgrade their systems or follow liability shift guidelines, they may bear financial responsibility for fraud-related chargebacks and fines from payment processors.

Are small businesses affected differently by liability shift?

Small businesses are equally affected but may face a greater financial burden if they fail to implement secure payment systems, as chargebacks and fraud costs can significantly impact their operations.

See how you can save up to 60%+ with DepositFix.
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