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Law Firm Investigating Potential for Class Action Suit Against Rite Aid and CVS for Blocking Apple Pay

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Law firm Schubert Jonckheer & Kolbe, specializing in class action lawsuits, has announced that it has launched an antitrust investigation into CVS and Rite Aid over their decision to stop accepting Apple Pay in their retail stores.

The firm says that it is looking into a potential class action lawsuit that would aim to restore Apple Pay at CVS and Rite Aid stores, and it is currently asking to speak with consumers who may have been affected by the stores' decision to stop offering the payment method.
In light of this situation, Schubert Jonckheer & Kolbe is investigating whether CVS and Rite Aid violated the antitrust laws by banding together with other MCX members in a decision to boycott other payments systems, including Apple Pay. Consumers with phones that support Apple Pay may be able to participate in a class action to restore the service at CVS and Rite Aid retail stores.
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Both Rite Aid and CVS stopped accepting Apple Pay just over a week ago, disabling the NFC capabilities of their payment terminals to prevent it from being used. Rite Aid and CVS are both members of the Merchant Customer Exchange or MCX, a consortium of retailers developing their own barcode-based payment system called CurrentC.

currentchowto.jpg

MCX has confirmed that all of its retail members, including CVS and Rite Aid, are subject to exclusivity agreements that prevent them from accepting alternate forms of payment, but all MCX members are free to leave the group at any time. Merchants may be reluctant to do so, however, as many have likely invested significant resources into the creation of CurrentC.

MCX executives have said that the exclusivity agreements are "closer to months than years" and have been put in place to offer "breathing room" for the development of CurrentC. The Apple Pay competitor is currently being tested in a limited number of markets, with a release planned for next year.

Article Link: Law Firm Investigating Potential for Class Action Suit Against Rite Aid and CVS for Blocking Apple Pay
 
Article Link
https://www.macrumors.com/2014/11/04/law-firm-class-action-rite-aid-cvs/
Don't know if this is good or bad. It could force these companies to re-enable NFC, however it could encourage some other companies to never even install NFC terminals so they cannot be targeted by such legal action.
 
I'm not sure this is going to fly. As the merchant, they have every right to accept whatever form(s) of payment they wish and they're contractually obligated to MCX to have "exclusivity", which is (probably) legally no different than accepting Visa/MC but not AmEx or Diner's Club.
 
Ha!! The fact that they would be forced to accept it doesn't sit well with me. Still avoiding them as much as possible.
 
mikethebigo said:
Don't know if this is good or bad. It could force these companies to re-enable NFC, however it could encourage some other companies to never even install NFC terminals so they cannot be targeted by such legal action.
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when they upgrade their point of sale systems in 2015 to avoid being liable for fraud they will get NFC whether they want it or not. Its on the point of sale till systems being dished out.
 
Yes I suffered deep trauma. I walked into a convenience store to purchase my lunch without any money on my person, and when I went to pay for my three two liter bottles of soda and giant bag of candy bars they told me I couldn't pay by waving my telephone at them.

I have never been so outraged. My pain and suffering inflicted by this flagrant human rights violation are as real and I am seeking 2.8 billion dollars to cover damages to my sanity.

I demand satisfaction.
 
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Zxxv said:
well when they upgrade their point of sale systems in 2015 to avoid being liable for fraud they will get NFC wether they want it or not. Its on the point of sale till systems being dished out.
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They have to update their terminals, they aren't forced to get NFC-enabled ones (though, admittedly, it'd be pretty annoying to do ~)
 
You guys are sick!

This is a petty lawsuit

I can't even go to mom and pops restaurant without cash

Should we sue them?!
 
You've gotta be kidding me. Yeah, they're stupid for turning down Apply Pay, but that doesn't mean they don't have the right to do it. How lame. People have no respect for individual/property rights...
 
Alenore said:
They have to update their terminals, they aren't forced to get NFC-enabled ones (though, admittedly, it'd be pretty annoying to do ~)
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there won't be any available without it. banks will make sure of it.
 
You can hate the stores, MCX, etc.

But I can't believe anyone really thinks there's a case here. And by the time it went to trial, etc - NFC payments would likely already be re-instated. What "losses" could customers claim and win?
 
How is this different than Apple's policy against apps "duplicating the functions on an iPhone"?
 
It sure doesn't seem petty to me
colluding with your competitors to cut out/set/fix something is a big no no
 
This is just silly. Last I recall, the only thing stores are required to accept for payment is cash. They don't have to accept credit cards, NFC, checks, etc. It's their right to refuse those forms of payments, and their right to fail if they do or don't. Blood sucking lawyers have ruined this country, just look at Congress.
 
Yeah, can you say "frivolous lawsuit publicity stunt?"

I thought you could...

If retailers blocking ApplePay and Google Wallet is "a violation of antitrust laws," then so would retailers disallowing Discover or American Express!
 
This is ridiculous and will never fly. Err... I'm sure I'm wrong. A retail shop has the right to NOT use whatever technology they please. Heck, just use cash. Silly!

I wonder if these lawyers would create a class action lawsuit if Nabisco stopped making Oreo cookies or if Baskin Robbins ditched their Jamoca Almond Fudge flavor?
 
This will be interesting. Hopefully this sends a message to MCX, which by the way is not in the mom/pop shop market. Anything related to WalMart that tanks, is a good thing.
 
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