Payments & Fintech

Ranked by both Chambers and Legal 500, Venable's Payments & Fintech Practice Group is a nationally recognized leader in navigating the dynamic legal and regulatory landscape at the intersection of finance, technology, and commerce.

Drawing on decades of experience and a deep understanding of the evolving payments ecosystem, our payments lawyers provide end-to-end counseling to companies across the financial services spectrum—from emerging fintech startups to established global payment processors and merchant acquirers. Whether managing compliance, partnerships, and disputes or advising on structuring models and securing licenses, our practice offers a rare combination of regulatory fluency, transactional depth, policy leadership, and defense experience.

From navigating high-risk verticals to launching next-generation products, we are strategic partners to our clients—helping them innovate responsibly, grow with confidence, and respond to regulatory challenges in a complex and fast-moving marketplace. No matter the issue, we tailor our counsel to each client's unique risk profile delivering clear, actionable guidance that aligns with their business goals.

Regulatory Compliance and Licensing

Our payments attorneys are trusted advisors on complex federal and state regulatory matters, including compliance with the Bank Secrecy Act (BSA) / anti-money laundering (AML) regulations, state money transmission laws, the Electronic Fund Transfer Act (EFTA), prepaid access regulations, and UDAAP standards enforced by federal and state consumer protection regulators and law enforcement agencies. We also assist clients in acquiring and maintaining licensing frameworks needed to operate across jurisdictions, while designing internal compliance programs that scale with innovation.

Payment Models

We regularly review and advise on a wide array of modern payment models—including payment facilitators, digital wallets, marketplaces, cryptocurrency platforms, third party senders, merchant of record, and payment orchestration platforms—to assess compliance with payment network rules, federal and state regulatory frameworks, and commercial best practices. Our attorneys work closely with clients to evaluate legal exposure under Visa and Mastercard standards, NACHA rules, money transmission laws, and consumer protection regulations, providing actionable guidance on risk mitigation, contracting, and operational execution. Whether structuring a new embedded payments model or adapting to regulatory scrutiny around MoR and sub-merchant onboarding, we offer clear, practical advice tailored to each client's risk profile and business strategy.

Law Enforcement and Government Investigations

Venable has an unparalleled track record of defending clients in enforcement actions, civil investigations, and litigation brought by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), state attorneys general, and other federal and state agencies. With deep bench strength including former government regulators, we offer strategic insight into enforcement trends and agency priorities. Our work includes defending clients in multi-agency probes, fraud facilitation claims, and cross-border investigations tied to payment processing and consumer marketing.

Merchant Services and Risk Management

We have extensive experience advising payment facilitators, marketplaces, and acquiring banks on merchant underwriting, risk monitoring, rolling reserves, and high-risk verticals. Our attorneys work closely with clients to manage exposure to fraud, chargebacks, and enforcement risk through merchant oversight programs and contract frameworks tailored to regulatory expectations.

High-Risk Payments and Regulated Verticals

Venable is widely recognized for its strength advising clients operating in or serving high-risk industries, where regulatory scrutiny and reputational sensitivity are elevated. We counsel payment processors, fintech platforms, banks, ISOs, and marketplaces on risk exposure, licensing strategy, underwriting controls, and compliance policies related to:

  • Cannabis and CBD
  • Gaming, sports betting, and skill-based contests
  • Nutraceuticals, supplements, and health products
  • Telemarketing and outbound call centers
  • Subscription billing and negative-option marketing
  • Multi-level marketing (MLM)
  • Other high-risk industries

We assist clients in navigating evolving state laws, banking restrictions, federal enforcement risks, and commercial network rules (e.g., Mastercard and Visa compliance frameworks). Our team advises on onboarding practices, consumer disclosures, fulfillment verification, continuity marketing regulation, and dispute management in industries that are frequently targeted by the FTC, DOJ, and state AGs.

Whether structuring payment flows for a cannabis marketplace, onboarding a nutraceutical company, or helping a platform process payments in higher risk industries, we provide tailored, risk-informed counsel to help keep businesses compliant and protected.

Fintech Business Structuring and Strategic Agreements

We advise on structuring innovative fintech models and developing compliant go-to-market strategies, including bank-fintech partnerships, BaaS arrangements, and embedded finance solutions. Our team negotiates and drafts mission-critical commercial agreements ranging from payment processing and acquiring contracts to ISV, ISO, and referral partner agreements with a keen eye on risk allocation, regulatory requirements, and operational realities.

Litigation and Dispute Resolution

When disputes arise, our attorneys are aggressive yet pragmatic litigators, defending financial services and fintech clients in civil litigation, regulatory proceedings, and class actions involving consumer claims, contractual breaches, and regulatory violations. We understand the commercial and reputational stakes in this sector and bring both courtroom experience and subject matter fluency to bear in every matter.

Cryptocurrency Payments and Blockchain Technologies

As digital assets continue to transform the payments landscape, Venable stands at the forefront of cryptocurrency compliance and innovation. Our team advises on the legal and regulatory implications of accepting, transmitting, and converting virtual currencies. We guide clients through licensing, AML obligations, securities compliance, and tax considerations for tokenized payment systems, stablecoins, and blockchain infrastructure.

Policy and Industry Engagement

We actively support the development of balanced fintech policy and regulatory modernization. Our team works closely with trade associations, coalitions, and working groups to shape federal and state regulation, advocate before agencies and legislatures, and draft comment letters, white papers, and model frameworks. We regularly represent industry viewpoints on issues such as consumer protection, open banking, digital identity, interchange tax policies, and financial inclusion.

Regulatory Due Diligence for M&A and Investments

Venable offers specialized regulatory diligence tailored to fintech and payments transactions. We support private equity sponsors, strategic acquirers, and institutional investors in evaluating licensing, enforcement exposure, and contractual risk associated with targets in the payments, crypto, and financial infrastructure sectors. Our work helps investors validate compliance posture, identify red flags, and navigate regulatory change-of-control requirements.

Government Experience
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More than 25 attorneys focused on financial services, regulatory, and legislative issues who regularly deal with, or who formerly served as senior officials and legal counsel of, every major federal agency with oversight of financial services and consumer protection.

Recognition
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  • Chambers USA
    • Financial Services: Regulation, 2007 – 2016
    • Advertising and Marketing, 2016 – 2023
    • Privacy and Data Security, 2008 – 2023
    • Award for Excellence, Advertising and Marketing, 2010 – 2011
    • Award for Excellence, Privacy and Data Security, 2017
  • Chambers Global, Privacy and Data Security, 2011 – 2015, 2017
  • Chambers Fintech USA, Payments & Lending, 2023
  • Legal 500
    • Financial Services: Regulatory, 2011 – 2023
    • Marketing and Advertising, 2016 – 2023
    • Privacy and Data Security, 2010 – 2023