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A Tough Week for General Purpose Reloadable Prepaid Cards

By Ben Jackson
June 1, 2011
in Mercator Insights
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An entrance machine in soft light .

An entrance machine in soft light .

General purpose reloadable prepaid cards came under increased scrutiny as regulators and legal firms began examining industry practices related to fees and consumer disclosures. Investigations into several major prepaid card providers raised concerns about transparency, marketing claims, and whether consumers fully understood the costs and benefits associated with these products. The developments highlighted the growing regulatory attention being paid to the prepaid card industry and its impact on consumer trust.

Over the past week, general purpose,reloadable prepaid cards have taken a beating in the press and inthe public eye. Florida Attorney General Pam Bondi announced on May19 that she had subpoenaed records from First Data Corp., Green DotCorp., AccountNow, Inc., NetSpend Corp., and Unirush FinancialServices, LLC. She is looking for evidence that the companies mayhave charged hidden fees and misled consumers about how muchprepaid cards could help them rebuild their credit scores.

Shortly thereafter, an opportunistic San Francisco law firm,Robbins Umeda, LLP announced that it has launched “investigations”into NetSpend and Green Dot “for shareholders” to determine whetherit might file class action lawsuits against the two companies. In apress release, the firm said it wants to figure out whether”directors and officers of Green Dot harmed the company bybreaching their fiduciary duties to shareholders by causing orpermitting the company to engage in deceptive and unfair consumerpractices.” It makes a similar statement about NetSpend. Noshareholders have requested these “investigations” as near as canbe determined from publicly available sources, but this representsthe danger the prepaid industry faces as sharks smell blood in thewater.

It is all but certain that if the Florida investigation turns upany violation of state law, there will be 49 other attorneysgeneral that will follow Bondi’s lead and begin looking forviolations of laws in their states. In addition, if lawsuits end upbeing filed for shareholders, cardholders will likely file lawsuitsof their own.

Whatever the outcome, another case still needs to be argued in the court of public opinion. If prepaid cards are all tarred with the same brush, it will become very difficult for companies and consumers to make use of prepaid cards regardless of how fairly their programs are constructed.

While the outcome of these investigations remained uncertain, the broader challenge for the industry extends beyond legal and regulatory findings. The reputation of reloadable prepaid cards could be affected if consumers begin to view all programs through the lens of a few high-profile cases. To maintain confidence and support continued growth, prepaid card providers must prioritize transparency, clear fee disclosures, and realistic communication about product benefits. The long-term success of reloadable prepaid cards will depend as much on public trust as on regulatory compliance.

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