As the security industry digests the news that for the first time a merchant is taking a major card brand and its payment processor to court over PCI noncompliance fines, speculation has started to fly about the long-range impact the case could have on the PCI compliance ecosystem.
On its face, the $ 13 million complaint from Tennessee-based retailer Genesco against Visa seems like pretty standard business litigation. But according to some, the suit has the potential to disrupt PCI’s influence in the merchant community.
“It really doesn’t look on the first account to be a very big case, but it’s the first retailer that kind of goes up against the establishment,” says Torsten George, vice president of worldwide marketing, products, and support for Agiliance. “If the court would decide to reverse the penalties imposed on Genesco, it would really shake the foundation of the PCI Security Standards Council to its core.”
Last week, Genesco petitioned the court in Tennessee to order to reimburse the company for more than $ 13.3 million in penalties collected on behalf of the card brand by payment processors Wells Fargo And Fifth Third Financial Corp. following a 2010 data breach at the sports retailer. The heart of the case revolves around Visa’s contractual language about what constitutes noncompliance for the sake of the levying of fines. In its suit, Genesco contends that it was in compliance with PCI rules at the time of the breach.