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Brian J. Hurh

Brian Hurh counsels clients on financial regulatory and transactional issues related to consumer payment products, including credit, debit, prepaid, gift cards, carrier billing, and other emerging payment solutions. As a former systems engineer and computer programmer for an Internet payment start-up company, Brian has extensive legal and technical knowledge of the financial and business needs of clients that range from leading global technology and content providers, national communications service providers, and international financial services companies to start-up ventures in mobile payments and consumer services.

Brian represents clients on agreements involving the issuance of credit and debit devices, payment processing, online commerce platforms (marketplaces), merchant services, and mobile wallet technologies. In addition, Brian counsels clients on compliance with various financial, privacy, and consumer protection laws and regulations, including the Electronic Fund Transfer Act/Regulation E, Truth-in-Lending Act/Regulation Z, the Durbin Amendment to Dodd-Frank/Regulation II, the Bank Secrecy Act and related FinCEN regulations, the Federal Trade Commission Act, and the Communications Act and FCC regulations. Brian is also well-versed in the payment network rules including Visa, MasterCard, and NACHA ACH rules. Brian has particularly unique experience in advising communication and media companies, including major cable operators, video programming providers, and wireless carriers, on billing and payment matters.

Brian is an editor and frequent contributor to the DWT Payment Law Advisor, a site designed to provide insight, commentary, and resources on developments in the payment industry. He also regularly contributes to the DWT Privacy and Security Blog and Broadband Law Advisor on payment-related issues.

Representative Experience

Credit card network agreements

Representing card issuers in connection with agreements with card networks for debit and credit card portfolios, including general purpose and private label. (Ongoing)

Merchant and processing agreements

Representing global technology and retail companies in connection with master merchant, processing, reseller, SaaS, and card network service provider agreements. (Ongoing)

Prepaid and gift card regulatory compliance

Counseling retail clients on federal and state compliance issues related to loyalty and rewards programs, prepaid access devices, gift and promotional cards, and marketing collateral for payment-related consumer offerings. (Ongoing)

Payment network rules compliance

Advising clients, including acquirer-processors and merchants, on payment network rules and regulations, including card acceptance, rules enforcement, and other network obligations and liabilities. (Ongoing)

Mobile payments

Advising clients on regulatory and payment network rules compliance regarding mobile payments and related services. (Ongoing)

Consumer protection, marketing, and privacy

Counseling clients on regulatory compliance of web and mobile payment interfaces and privacy policies, including the FTC Act and related rules (eg, Telemarketing Sales Rule, Dot Com Disclosures), Restore Online Shoppers’ Confidence Act, the Equal Credit Opportunity Act and the Fair Credit Reporting Act. (Ongoing)

Carrier billing

Advising clients on FCC and FTC regulations, and state and federal legislation, related to landline and wireless carrier billing, including anti-cramming laws and recent agency proceedings. (Ongoing)

Additional Qualifications

  • Technology Management Consultant, PricewaterhouseCoopers LLP
  • Systems Engineering Manager, InternetCash

Professional & Community Activities

blog for Legal commentary and resources for the payment industry
blog for insight and commentary on the deployment of communications infrastructure