My complaint to the FTC.
The actions by Rite-aid and CVS, as MCX members, are in clear violation of this paragraph. You can file a complaint here:
https://www.ftccomplaintassistant.gov/
Click on "Mobile Devices or Telephones", then "Mobile Devices or Services", and then choose: "I have an issue with a mobile payment."
There's a drop-down selection in the complaint details that offers a "mobile payment like Google Wallet". Then, I entered the corporate addresses for CVS, Rite Aid, and MCX.
The is the text of the complaint that I filed. Feel free to modify it for your use:
Last weekend, Rite-Aid and CVS disabled the existing NFC functionality in their point-of-sale terminals. In doing so, they blocked the use of Apple Pay, Google Wallet, and contactless credit cards. CVS has tacitly admitted they did so because they will be offering a different mobile pay solution next year. That solution is Merchant Customer Exchange (MCX), a consortium of US merchants that claim to jointly earn $1 trillion in revenue annually.
While reviewing your ROUNDTABLE ON COMPETITION AND PAYMENT SYSTEMS, dated 2012-10-19, I noted this statement: " Two broad categories of anticompetitive harm theories are (1) exclusion and (2) overly inclusive joint venture. For exclusion, harm may arise if a joint venture denies some key element to rival systems and thereby reduces competition. Whether this is a viable theory would depend on factors such as the freedom that the joint ventures members have to participate in multiple mobile payment systems (multi-home), the extent to which the members, individually or collectively, have market power with respect to the denied element, and the availability of adequate substitutes for that element."
MCX has admitted that members must exclude other mobile payment systems. Currently, the technical solution is to disable NFC, depriving consumers of the key element to support mobile payments with Google Wallet and ApplePay. But, MCX claims they are free to leave the consortium (but presumably forfeit membership fees), and no longer offer mobile payment via MCX. So, MCX is forcing a merchant to select the mobile payment system they wish to offer, to the detriment of the consumers that choose the competing scheme.
There are many other problems with MCX, such as the lack of protection for disputed transactions, and the pervasive amount of data (social security number, drivers license number) that is collected for "validation". In contrast, Google Wallet and Apple Pay users can choose to remain completely anonymous to the merchant, and the information exchanged during the transaction cannot be reused for fraud if the merchant's point-of-sale system is compromised. Consumers should have the ability to choose the method of mobile payment that meets their needs and satisfies their security/privacy concerns, without regard to whether a merchant supports it.
MCX and the member merchants of the MCX consortium should be investigated, and if warranted: sanctioned for anti-competitive behavior.