Email Adam Email
Financial
Nov 15, 2015

Caveat Venditor – Seller Beware?

Sponsored Content provided by Adam Shay - Director of VCFO Services, Red Bike Advisors

This Insights was contributed by Richard Pasquantonio, CPA/CFF, CFE, CDFA (NC License Number 33577), an associate at Adam Shay CPA, PLLC. 
 
We have all heard the phrase “Let the buyer beware.” A parent, grandparent or trusted confidant probably shared this relevant advice as you searched for your first used car or starter home. “Let the buyer beware” is good advice that has been around for a long time. The phrase comes from the Latin, Caveat Emptor, and arises from information asymmetry, where the buyer typically has less information about the good or service they are purchasing, while the seller has more information.       
 
However, if you are a retailer or service provider that accepts credit card payments and have not adopted the technology to process the "new" credit card technology that uses the Europay, MasterCard or Visa (EMV) chip, then you may be liable for any payment frauds that occur as a result. SELLER BEWARE!  However, it is worth noting that many equipment providers and payment processors are delayed and currently accepting liability as long as specific criteria to that provider or processors is met. Let me briefly explain the change in technology.
 
Until the introduction of EMV, all face-to-face credit or debit card transactions used a magnetic stripe to read and record account data, and a signature for verification. Under that system, the customer presents his or her card to the clerk, who “swipes” the card through a magnetic reader. The system then verifies account details and prints a slip for the customer to sign. Next, the clerk verifies that the customer's signature matches that on the back of the card to authenticate the transaction.
 
The data on the magnetic stripes of old cards contains all of the information that a potential fraudster needs to convert your card’s data to cold hard cash. In contrast, each EMV card transaction produces a distinctive transaction code that can never be used again. This unique code makes it much more difficult for fraudsters to convert stolen data into cash. Now back to our retail and service providers.
 
Typically, when a counterfeit or stolen card is used to make an in-store purchase, the legitimate card holder’s loss from that transaction is shared by the payment processor or the bank. According to the website CreditCards.com, after an Oct. 1, 2015 deadline created by major U.S. credit card issuers MasterCard, Visa, Discover and American Express, the liability for card-present fraud will shift to whichever party is the least EMV-compliant in a fraudulent transaction.  This requires merchants to invest capital into new in-store technology, new processing systems and training.
 
The major credit card issuers each have published detailed schedules about the upcoming shift in liability. The change is intended to help bring the entire payment industry on board with EMV by encouraging compliance to avoid liability costs. CreditCards.com has an EMV Dates Chart-Card Networks Chart  prepared by Verifone Systems Inc. that provides a summary of the major credit card companies’ policy.
 
As a result of the these policy changes, businesses that accept credit and debit card payments and are not EMV compliant may have much higher exposure to liability in the event of a large data breach. Retailers and service providers who have not invested in the new EMV readers should consider doing so or contacting their legal counsel and insurance providers to assist in assessing the risks.
 
My goal today was to help businesses understand the liability for fraudulent purchases that they are exposed to if they failed to become EMV compliant since the October 1, 2015 deadline.
 
Richard Pasquantonio, CPA/CFF, CFE, CDFA (NC License Number 33577), is an associate at Adam Shay CPA, PLLC. He focuses on forensic accounting, fraud prevention and detection, and tax controversy resolution. Richard is also an AICPA CFF Champion. The purpose of the CFF Champion program is to inform the professional community about the vital role of forensic accounting professionals, the knowledge required to become a CFF, and the benefits of the CFF credential. For more information, visit http://www.wilmingtontaxesandaccounting.com/ or email him at [email protected]. He can also be reached by phone at 910-256-3456.

Adam Shay, CPA (NC License Number 35961), MBA, is managing partner of Adam Shay CPA, PLLC. He focuses on minimizing taxes and improving the financial results of entrepreneurs, and is actively involved in supporting the Wilmington entrepreneurial and startup community. For more information, visit http://www.wilmingtontaxesandaccounting.com/ or email him at [email protected]. He can also be reached by phone at 910-256-3456.
 

Other Posts from Adam Shay

Redbikeadvisors block[55]
Ico insights

INSIGHTS

SPONSORS' CONTENT
Jenniferkraner300x300

Designing Residential Dreams with Big Sky 

Jennifer Kraner - Big Sky Design Inc.
Untitleddesign12 101424113223

CEO Confidence Rebounds, But Caution Remains the Rule

John Monahan - Vistage
Img 5694

North Brunswick Is Growing. The Chamber Is Growing With It

Thom Kelly - North Brunswick Chamber of Commerce

Trending News

Wilmington Health Pursues Sale-leaseback, Eyes Expansion

Cierra Noffke - Sep 8, 2026

Tech Wilmington: Upcoming Events Calendar

Staff Reports - Sep 9, 2026

Wilmington Bed And Breakfast Voted No. 1 In USA Today Contest

Staff Reports - Sep 8, 2026

Corning Plant At The Center Of AI Boom

Cierra Noffke - Sep 9, 2026

Latest Chemours Settlement To Provide Funds To Wilmington-area Governments

Cece Nunn - Sep 10, 2026

In The Current Issue

Habitat Chapters Expand, Explore Merger

“If the merger is eventually approved, it could be a significant boost to our collective ability to serve individuals in need of safe and a...


Forward Fund Aims To Finance Careers

John Thomason used the loan he received from the fund, which now provides up to $15,000 for high-demand workforce training, to help cover mo...


Soda Pop District Brims With Potential

The expanding footprints of Perennial Harbor and Blossom Bay are among the latest examples of growth in the Soda Pop District, which stretch...

Book On Business

The 2026 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2024 Power Breakfast: The Next Season