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Brian J. Hurh

Brian Hurh counsels clients on financial regulatory, transactional, and privacy matters involving traditional lending products as well as mobile, prepaid, and other emerging consumer payment solutions. As a former systems engineer and computer programmer for an Internet payment startup company, Brian has both legal and technical knowledge of the financial and business needs of clients that include global financial services companies, international technology providers, online retail and commercial marketplaces, alternative payment service providers and local and national startup ventures.

Brian’s regulatory experience encompasses a wide range of consumer banking laws, including the Electronic Fund Transfer Act/Regulation E, Truth-in-Lending Act/Regulation Z, Equal Credit Opportunity Act/Regulation B, E-SIGN, prepaid and gift card laws, state money transmitter laws, the Fair Credit Reporting Act, and Gramm-Leach-Bliley privacy and security rules and Bank Secrecy Act requirements for banks and money services businesses. Brian also regularly counsels clients on Visa, MasterCard, NACHA, and other payment network rules.

Representative Experience

Payment product design and development

Counsels clients on the design and development of consumer and commercial open-end and installment credit products, open- and closed-loop prepaid products and services, and reward and loyalty programs (including pay with point services), each involving the preparation of vendor agreements, user terms and conditions, privacy policies, legal disclosures, and other related matters. (Ongoing)

Payment network rules compliance

Advises merchants, processors, acquirers and issuers on compliance with Visa, MasterCard, NACHA, and other payment network rules and regulations, including card acceptance, surcharges, chargebacks, enforcement, and other compliance matters. (Ongoing)

Money transmission

Assists clients with licensing and other compliance matters under state and federal money transmitter laws and regulations. (Ongoing)

Privacy and consumer protection

Counsels clients on privacy and other consumer protection matters, including GLBA, FCRA, FTC Act and related rules (eg, Telemarketing Sales Rule, Dot Com Disclosures) and unfair, deceptive, and abusive acts and practices (UDAAP). (Ongoing)

AML compliance

Advises banks and money services businesses on compliance with Bank Secrecy Act and FinCEN regulations, including CIP and reporting requirements. (Ongoing)

Credit card network agreements

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

Merchant services

Represents global technology and retail companies on payment matters, including master merchant, payment processing, reseller, SaaS, and card network service provider agreements. (Ongoing)

Prepaid and gift card regulatory compliance

Counsels prepaid program managers and retail clients on federal and state compliance issues, including loyalty and rewards programs, prepaid access devices, and gift and promotional cards. (Ongoing)

Mobile wallets

Advises clients on regulatory and transactional matters regarding mobile wallets and related services. (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