Letter of Intent

Letter of Intent

MBN Payment Systems: Washington, Sept. 11, 2012 -- The National Retail ...

MBN Payment Systems: Washington, Sept. 11, 2012 -- The National Retail ...: Washington, Sept. 11, 2012 -- The National Retail Federation today announced that its Board of Directors has authorized the Federation to ...

Washington, Sept. 11, 2012 -- The National Retail Federation today announced that its Board of Directors has authorized the Federation to go to court to block the proposed $7.25 billion settlement of a federal antitrust lawsuit over skyrocketing Visa and MasterCard credit card swipe fees that cost consumers hundreds of dollars a year.

“The National Retail Federation categorically opposes the proposed settlement,” NRF President and CEO Matthew Shay said. “It does nothing to curb the anticompetitive behavior of Visa and MasterCard, and instead ensures that swipe fees paid by retailers and their customers will continue to rise while barring any future legal challenges. The proposal is a lose-lose-lose for merchants, consumers and competition. NRF will take any and all steps necessary to oppose the settlement as it is currently proposed and will work toward real reform of the swipe fee system.”

A resolution approved by the Board authorizes NRF to take steps including “intervention in pending actions” in order to reach a solution “equitable to the broad merchant community.” NRF is exploring what form the legal action might take. NRF is not a party to the lawsuit, and U.S. District Court Judge John Gleeson has not yet fully outlined how outside groups will be allowed to intervene, or if the case qualifies as a class action.

Shay announced the Board’s decision at the Annual Summit being held in Denver by NRF’s Shop.org division. While swipe fees affect all merchants, online retailers are particularly impacted because most of their sales are paid for by plastic and the “card not present” rates Visa and MasterCard charge for online transactions can be a third higher than those paid by other merchants.

Swipe fees are a hidden charge banks collect each time a Visa or MasterCard is swiped to pay for a purchase. Combined credit and debit card swipe fees tripled over the past decade to about $50 billion a year – driving up prices an estimated $427 for the average household – before debit swipe was capped by the Federal Reserve last year. Credit card swipe averages about 2 percent of each transaction, and amounts to about $30 billion a year, or $250 per household. Swipe fees are the second or third-highest expense for most retailers, behind employee salaries and health care benefits.

While other trade associations representing big box retailers, convenience stores and grocers have spoken out against the settlement, NRF is the only trade association representing the full range of merchants who could be included in a class action.

“A key question for the judge is whether this settlement is fair to the nation’s retailers,” Shay said. “From what we have heard, it unequivocally is not. NRF’s membership reflects the vast majority of retailers from Main Street small businesses to some of the nation’s best-known brands. Short of a company-by-company poll, a vote by the NRF Board is the clearest test of what merchants think.”

NRF is concerned by a number of provisions of the proposed settlement:

• The $7.25 billion amounts to pennies on the dollar. If the case went to trial, a verdict in favor of retailers could result in a judgment totaling hundreds of billions of dollars given the eight-year time period of the case and rules allowing for antitrust damages to be tripled.
• Nothing is done to block future increases in swipe fees. Without competitive restrictions, the card industry would quickly recoup the cost of the settlement from the very retailers who have been harmed, and increases that have averaged 16 percent a year over the past decade could continue indefinitely.
• Nothing is done to reform the anti-competitive, cartel-like system by which Visa and MasterCard each set fee schedules that all banks issuing their respective cards agree to follow. NRF has testified before Congress that the system is a violation of federal antitrust law.
• Nothing is done to require the card industry to disclose the fees on the cards or otherwise create the transparency needed to bring about competition to lower fees.
• A highly publicized provision allowing merchants to surcharge customers who pay by credit card is pointless because merchants are seeking to reduce prices for customers, not increase them. It also includes myriad restrictions that would make it difficult to surcharge even if someone wanted to.
• Visa and MasterCard have promised to recognize merchant bargaining groups, but no requirement is made for the card companies to negotiate in good faith.

NRF is particularly concerned by a provision barring all merchants – including those that do not yet exist – from ever again suing Visa and MasterCard over swipe fees.

“We represent the nation’s retailers and that means not just today’s retailers but tomorrow’s as well,” Shay said. “It is our duty to foster an environment that is supportive of young, new entrepreneurs who will create the Walmarts and Amazons and Main Street shops of the future. We can’t stand by and allow their rights to be stripped away before they’ve even had a chance to start their businesses.”

As the world’s largest retail trade association and the voice of retail worldwide, NRF represents retailers of all types and sizes, including chain restaurants and industry partners, from the United States and more than 45 countries abroad. Retailers operate more than 3.6 million U.S. establishments that support one in four U.S. jobs – 42 million working Americans. Contributing $2.5 trillion to annual GDP, retail is a daily barometer for the nation’s economy. NRF’s Retail Means Jobs campaign emphasizes the economic importance of retail and encourages policymakers to support a Jobs, Innovation and Consumer Value Agenda aimed at boosting economic growth and job creation.

MBN Payment Systems: Evernote is a program that takes notes and it won'...

MBN Payment Systems: Evernote is a program that takes notes and it won'...: Evernote is a program that takes notes and it won't cost you a penny. Just to be clear, I don't get a penny for plugging Evernote. I've be...

Evernote is a program that takes notes and it won't cost you a penny.

Just to be clear, I don't get a penny for plugging Evernote. I've been using it for 6 months now and I can't do without it. I think it is a great program and can be essential to every retailer, restaurant owner, student, and anyone else using a computer. It's just great.

(By the way, Cash Register Express and Restaurant Pro Express are my favorite programs. Evernote is my favorite software program not developed by pcAmerica.)

Evernote is a note taking software program. That doesn't sound so great, but read on.

My life (and the life of business owners, managers, students, politicians, and just about everyone else) is pretty complicated. On a daily basis, I need to remember just too many things. I'm always hearing good ideas for future articles. I need to keep and retain information related to various family medical problems and insurance policies. I need to remember information related to various appointments that I have made. Students need to remember lots of information related to the courses they are taking in school. We all need to remember what needs to be picked up at the supermarket. Do you remember that stock pick you just heard over the radio? How about those promises you made to various different customers? Did you forget to order that special product your customer wanted? Did you order extra restaurant food for the large party coming in next Wednesday evening?

OK. You get it. Our heads are filled with all types of miscellaneous information.

Evernote can help organize your entire life.

With Evernote, you can add, edit, delete and organize everything that you need to remember.

Let's say you have a customer named Alice Smith who enters your business. Alice is looking for a specific type of kitchen table that she wants to purchase for her house.

You can place this information on a piece of paper that you will inevitably lose. Or you can use Evernote to help you organize this specific task.

Make a note called Alice Smith. Under this note, you can add Alice's contact information and more information related to her needs. Later, when you are home and have more time, you can go back to this note and surf catalogs or the Internet for photos and prices of tables that may satisfy Alice's needs. You can add photos, Internet links, and an infinite amount of quick notes related to your project. When Alice enters your store next week, you can access the project (or Alice's Note Area), and you have all the information at your fingertips including links and photos.

Evernote can take care and organize all of your notes. You can add documents, photos, and other information to your notes. You can format your notes in a manner that you can eventually cut and paste into another document. You can import and export all sorts of files.

Now here is what makes Evernote so great.

All of your notes are stored in the Cloud. You can access your notes at home, at your office, at a hotel, or anywhere else with access to a computer. All you need is your user name and password.

You don't need Internet Access to use Evernote. You can optionally add a small program to your computer. This program let's you use Evernote without any access to the Internet. Once you have Internet access, Evernotewill automatically synchronize your computer with the files that Evernote stores in the Cloud.

All of your computers are always synchronized. If you add some notes at your business, those notes are synchronized with your Evernote account in the Cloud. When you turn on your computer at home, those notes automatically get synchronized with the information in the Cloud.

In other words, no matter where you are, you can useEvernote and your files are automatically transferred to your work computer, home computer, laptop, or any other computer.

It gets better. Do you use an iPad? Any other tablet device? A Blackberry? Other types of cell phones?

  

Evernote works with and Synch's with almost any type of device (computer, laptop, iPad, phones, tablets).

I haven't even begun to tell you about all of Evernote'sfeatures. You need to try it.

Evernote won't cost you a penny for storing up to 60 MB's of information in the Cloud. The premium version will cost you $45 per year and will give you a full GB of information transfers per month plus some additional features. I'm happy with my no cost version and don't believe I'll ever have to update to the premium version. However, I'd gladly pay $45 per year for what I am getting at no cost (but don't tell the Evernote people).

Evernote has become my favorite free program. It is great for every retailer, anyone who works, anyone who doesn't work, and can really help students to organize their tasks and studying.

Here's a little advice to new Evernote users. It does an awful lot of things. Start by using it for notes. The more you use it, the more you will find it to be indispensable. Lots of online help is available to learn all of its features. Take your time digesting all of the features. Just start by taking and organizing some notes.

MBN Payment Systems: Energy bars are supposed to provide a quick-yet-nu...

MBN Payment Systems: Energy bars are supposed to provide a quick-yet-nu...: Energy bars are supposed to provide a quick-yet-nutritious boost. But while certain bars are tasty and good for you, others are unp...

Energy bars are supposed to provide a quick-yet-nutritious boost. But while certain bars are tasty and good for you, others are unpleasant to eat or not healthful.

Some contain more calories than we really need—often upward of 300. Many have excessive sugars—anything above 15 grams is too much.

You’ll find heavily processed and artificial ingredients in some, including aspartame, soy protein isolates, whey concentrate, isoflavones, hydrolyzed collagen and hydrolyzed gelatin, which don’t deliver as much nutritional value as unprocessed and natural ingredients.

The most healthful and delicious energy bars, all of which generally cost between $1.40 and $3 per bar…

BEST HIGH-FIBER BAR: Gnu Bar. One bar has 12 grams of fiber—almost half of our daily fiber needs. Unlike many high-fiber snacks, it doesn’t have a “cardboardy” consistency. Gnu is among the lowest-calorie full-size energy bars on the market—130 to 140 calories per bar. www.GnuFoods.com

Drawbacks: Going from a low-fiber diet directly to a high-fiber diet can cause digestive distress. Start with just half a Gnu Bar a day if you do not currently eat many high-fiber foods.

BEST MEAL-REPLACEMENT BAR: ProBar. These taste great, and they’re made from healthful ingredients such as dried fruits, nuts, seeds and rolled grains. At 370 to 390 calories, they’re much too filling for a snack, but they occasionally can replace part of breakfast or lunch when you are in a hurry. www.TheProBar.com

Downside: ProBar’s eight to 12 grams of protein are low for a full meal. If possible, supplement a ProBar with a few spoonfuls of Greek yogurt.

BEST PRE- OR POSTWORKOUT BAR: Picky Bar. This has the ideal ratio of carbs to protein—4:1—to prepare the body for a strenuous workout or help it recover.www.PickyBars.com

Downside: Picky Bar’s 22 to 23 grams of sugar are acceptable before or after a workout—our bodies consume simple sugars when we exercise—but excessive at other times.

BEST ENERGY BAR THAT TASTES LIKE DESSERT: Kookie Karma. A cross between a cookie and a bar, this round-shaped snack is made from healthful ingredients such as nuts, seeds and fruit. www.KookieKarma.com

Downside: Some varieties contain xylitol, a natural sugar alcohol that can cause gastrointestinal distress.

BEST SAVORY ENERGY BAR: SavoryBar. While most bars strive to taste like dessert, Savory Bar comes in grown-up flavors such as Rosemary, Sesame, Spicy and Everything (which features sesame, poppy, onion and garlic flavors). Savory Bars have a crunchy, crackerlike consistency. www.SheffaFoods.com

Downside: With just four grams of protein and only 140 to 150 calories, a Savory Bar might not be sufficient to tide you over until mealtime. Consider pairing one with a healthful protein such as cottage cheese.

BEST ENERGY BAR THAT’S VERY WIDELY AVAILABLE: Kind Bar. This simple, healthful, nut-based bar can be found in many convenience stores, supermarkets and Starbucks. With as much as seven grams of protein and five grams of fiber, and 10 to 13 grams of sugar for most varieties, it’s a healthier choice than other very widely distributed bars, including PowerBars, which have as much as 30 grams of sugar, and Luna Bars, which feature heavily processed ingredients such as soy protein isolates.www.KindSnacks.com

Source: Carolyn Brown, RD, a nutritionist and registered dietician with Foodtrainers, a private nutrition consulting company based in New York City. She holds a masters degree in clinical nutrition. www.FoodTrainers.net

MBN Work AT Home

MBN Work AT Home

Entrepreneurs Mistakes

There are always two choices. Two paths to take. One is easy. And its only reward is that it's easy." - Author unknown

By definition, as entrepreneurs, we try to achieve a lot of tasks with limited resources. And as a result, it is often imperative that we seek the easiest ways to achieve these tasks.

Is that so bad? As the quote implies, it would be. However, a critical distinction must be made between the words "easy" and "easier."

In general, "easy" is not good. If something is easy, than anyone can do it (including your competitors) and you gain no competitive advantage. Unless, that is, there is an advantage to doing something first. Or, if you don't need competitive advantage in that area (e.g., using a website that makes it easy to find a local cleaning company for your business would be an example of this).

On the other hand, accomplishing something in a way that is "easier" than your competitors does give you a real advantage.

And there are three core ways you can accomplish tasks easier:

1) Planning. When entrepreneurs rush to accomplish tasks, they often make mistakes, don't perform as well, and take longer to achieve the desired outcomes. Conversely, with a bit of planning before starting key tasks, you will complete them faster and with better results.

For example, if you were driving somewhere for the first time, spending 5 minutes planning the trip (printing out directions for example) would clearly save you multiples of that 5 minutes in driving time had you not done it. Or preparing a grocery list before going shopping always saves you time and ensures that you get all the items you need. The same is true for virtually ever business project you undertake.

2) Getting better information. By getting expert information, you leverage the wisdom of others who have already accomplished what you seek to do. For example, if your goal is to drive one million visitors to your website, clearly you could achieve this better and faster by following the blueprint of someone who has done this before.

This is why I have created so many information products. For example, if you're trying to raise venture capital for the first time with limited knowledge of how to raise venture capital, your chances of success are pretty much zero.

Now, if you follow my http://www.mbnpaymentsystems.com/sba.php are your chances of success 100%? Definitely not. But this product gives you all the lessons and steps gained from my expertise raising venture capital for numerous clients. So, not only do your chances of success skyrocket, but you save countless hours and avoid embarrassing mistakes.

So, always seek out the best expert information before embarking on a key project.

3) Using the right tools. I often get frustrated when doing home improvement projects without the proper tools. It always takes much longer and the results are never as good. The same is true in our businesses. The right tools allow you to boost your productivity and achieve more results in less time. For example, I use Basecamp to better communicate and share information with my team. And we use QuickBooks to streamline our accounting. And so on.

Particularly with tasks that need to be completed on an ongoing basis (e.g., invoicing clients), it's always a good investment to find and use the best tools.


It's your willingness and ability to accomplish the hard that makes you a successful entrepreneur.  Never take the easy road. But when you're on the challenging entrepreneurial path, constantly seek to find the easier ways to accomplish tasks. For this will allow you to accomplish tasks faster and with less resources, and gain lasting competitive advantage.

And remember, success isn't easy, but it can be made easier, and it's worth it.

http://www.mbnpaymentsystems.com/cash.php

Arizona Policy

Arizona is one of several states working to provide conscience protections in light of President Barack Obama's mandate forcing insurance companies to provide free contraception, regardless of the religious views of the person or institution they sell insurance to.

Deborah Sheasby is legal counsel for the Center for Arizona Policy.

"We had a mandate that put an obligation on religious employers to provide certain insurance coverage regardless of whether they had a religious objection to doing so," says Sheasby. "And this has been in the national press recently with what the Obama administration has been doing with its rules under the new ObamaCare program in requiring employers to provide certain coverage that violates their religious beliefs."

The Center for Arizona Policy worked with the Alliance Defense Fund in preparing legislation to remove that provision from current state law.

"We clarified that religious employers are protected from having to provide coverage and being compelled by the government to provide insurance coverage for services that they disagree with --  things like abortion, sterilization, contraception," comments the spokeswoman. "And regardless of how you feel about those particular services, there's no reason why a religious employer should be forced to pay for them or provide coverage for them."

Sheasby is hopeful there will be more progress in terms of getting rid of the requirement on a federal level.

Idaho and Missouri lawmakers are also considering proposals to make sure there are conscience protections

MBN Payment Systems: OUR DAILY INSIGETS

MBN Payment Systems: OUR DAILY INSIGETS: Our mind is in a constant dialogue with itself, sending out messages that will create our living experience according to our present pe...

OUR DAILY INSIGETS

     Our mind is in a constant dialogue with itself, sending out messages that will create our living experience according to our present perceptions. This mental chatter is our consciousness deciding whether or not we should have this or that, whether to run to or from, whether to think this or that, and what we are going to do next.

Our brain is incessantly working, the complex organic electric signals generated by our inner self, even when we are dreaming. What we perceive now as true and good for us, is instantly converted into a powerful energy. This force will support all actions, people and experiences, for what we think, at this very moment in time, are our personal needs or desires. And le voilà, we sent out our message into the cosmos. These thoughts are a powerful energy that will seek out and connect us with a similar, complementary twin force. This is what we call The Law of Attraction.

Did you ever stop to think about all the people, incidents and experiences that have come into your life? People come into your life for "a reason, a season and a lifetime", says the old prayer. But, why? This doesn't happen by sheer coincidence. In this instance, you have to look beyond the Law of Attraction for the reason. Someone is in your life because you have expressed, either consciously or subconsciously to yourself, a need or a wish.

In our ever-evolving society, even the most timid, reserved or reclusive person has someone or something connecting with him or her every day. Whether it is by telephone, Internet, fax, or direct contact, people are coming into our lives, creating for us a new living experience every moment, every day. With these connections, we are constantly creating and recreating our own reality with every thought and action we take. This is how the Law of Attraction works.

Be very careful here and pay good attention to your thoughts-this power doesn't discriminate. It will bring to you exactly what you had in mind then, be it good or bad. The Law of Attraction will bring everything you wish for into your life. Just for you, a vast supply of the most incredible gifts are stored there, in the "warehouse" of the universe. Good and bad, heaven and hell, neatly stored for you to choose from and take home.

The perception you have of yourself, be it conscious or unconscious, is the guide and the road map with which this universal force will match up and populate your life. Just remember, this reality will change every time you change your perceptions, as will the world around you. For some people this principle is somehow frightening! They are usually people who are not even aware that their perceptions are of the negative kind. Life for them looks like a lovely movie going bad all of a sudden. All that they consciously wanted, needed, or desired was a good husband/wife, a great job or a good place to live. What did they get? A moronic, abusive, disgusting partner, or a boss who is a bully. and let's not mention the living conditions!

What went wrong? People living this kind of nightmarish reality seem to be still attached to perceptions from a past that is no longer healthy and fulfilling for them. Very often, they perceive themselves as the "bad boy" or "bad girl" that their parents often told them they were. They are often moody, distant and lacking in self-confidence. They haven't yet been able to detach from their early perceptions inflicted on them by parents, friends, companions, or the system. If you find yourself in this predicament, get out of there fast!

A simple test is to look at yourself in the mirror and say, "I love myself." What did you get back, a beautiful smile or resistance? Do you need help? Look for articles on affirmations and start studying them at once. You know that you are in a state of attachment when you feel that what comes out of your mouth doesn't bounce well with your heart; or that when you do your daily affirmations, there is a sense of panic and a need to control your thoughts.

Being detached is being non-resistant, transforming panic into peace of mind. In this state of mind you allow life to flow normally, positively and peacefully. It is only in this state that you can create the reality you truly desire. You maximize the power of your mind and align yourself directly with the energy source, thus quickly manifesting your desires-you went beyond of the Law of Attraction. This cosmic force and energy is not there to judge or suggest a different path for you. It accepts your thoughts and wishes as law.

When you know, understand, and live your life as one universal mind, detachment comes easily and you'll see and create your world quite differently. A good exercise is to start your day with positive affirmations. You will immediately find out if you are still attached to old perceptions or not. Work on it! When you feel good and positive about yourself, the path for your positive energy is open, and the planet and your community succeeds.

Now that you have learned how to build the emotional foundation for positive living, life becomes quite enjoyable. You can now move on and be the teacher, support and friend other positive people want so much to connect with. Have a great and happy journey.

Wireless Adapters

Wireless Adapters

MBN Payment Systems: How Factoring WorksStep 1: Send Invoice to a Facto...

MBN Payment Systems: How Factoring WorksStep 1: Send Invoice to a Facto...: How Factoring Works Step 1: Send Invoice to a Factor – After you have completed your service or delivered your product to your customer...

How Factoring Works

Step 1: Send Invoice to a Factor – After you have completed your service or delivered your product to your customer, generate an invoice and send either the original or a copy to a factor.

Step 2: Verification & Approval – An account manager will review the invoice and any necessary documentation you submitted.  An account manager will also contact your customer to determine if the details of the invoice was agreed upon and to ensure that the service was provided or product was delivered.  Once your customer confirms these details, the invoice you submitted is approved and prepared for funding.

Step 3: Get Paid - Funding varies in how factors pay their clients.  Generally, factors can fund you in three ways: check delivered by standard mail, same-day wire transfer, or next-day direct deposit (option most businesses use).  Factor fees vary as well, but many companies can fund you as much as 95% of the value of the invoice you submitted.  Other fees may apply also depending on how you choose to get funded.

Step 4: Factor Receives Payment – After your invoice has been approved and you have been funded, your customer is invoiced by the factor.  Factoring companies are NOT collection agencies, therefore, your customers will not receive multiple notifications by email, phone, or letters asking for payment.  A factor simply waits for payment to be sent by your customer.  And if you have a non-recourse agreement, the risk of non-payment lies with the factor.  This allows you to move on and focus on the next project or order.

Factoring helps you get paid faster regardless of when your customer actually pays you – past 30, 60 or even 90 days.  This helps you focus on ways to build your business rather than having difficulties chasing checks and not knowing when your customer will pay.


                                                       http://www.mbnpaymentsystems.com/cash.php

MBN Payment Systems: MBN Payment Systems: Factoring can be a great fina...

MBN Payment Systems: MBN Payment Systems: Factoring can be a great fina...: MBN Payment Systems: Factoring can be a great financial tool for your b... : Factoring can be a great financial tool for your business. Sel...

MBN Payment Systems: Factoring can be a great financial tool for your b...

MBN Payment Systems: Factoring can be a great financial tool for your b...: Factoring can be a great financial tool for your business. Selling your accounts receivables (or invoices) to a factoring company (called...

Factoring can be a great financial tool for your business.  Selling your accounts receivables (or invoices) to a factoring company (called a factor) can help your company get the money needed to maintain or grow your business.  Factoring is not for everyone as every business is unique.  The following are four scenarios where factoring may be a viable option .

Difficulties With Traditional Bank Lending - Some companies find it difficult to obtain a loan or a line of credit maybe because they lack sufficient collateral or do not have enough profitable history.  If your business is not able to acquire funding from traditional bank lending accounts receivable factoring may be one of the few options that is available for you.

Factoring Benefit: Factoring can help you get cash that your business needs without the hassle of trying to qualify for a loan.  You will not acquire new debt since you are selling your invoices - the factor collects from your credit worthy customer, not from you.

Challenges As A Start-Up or New Business - The early stages of a new business can be very challenging because start-ups or new businesses are generally cash poor.  This means that acquiring sales and being able to collect on them in a timely manner is very important otherwise the new business may die.

Factoring Benefit: Selling your accounts receivable to a factor is a great solution to ensure that cash can be available for new businesses.  A new business owner can focus mainly on acquiring new customers and sales while leaving the hassles of collecting to a factor.

Cash Flow Problems - Cash flow is the lifeblood of a business and without it you cannot meet payroll, pay supplies, or pay yourself.  Businesses of all types experience cash flow problems some time in their existence.  Unexpected events, increase in costs, or sudden growth can create financial stress for a business.

Factoring Benefit: With the right factor, a business can take advantage of factoring their invoices only when they need an immediate financial boost without taking on new debt.

Grow Your Business Quickly - Whether a small business plans to increase the scale of their business or is suddenly awarded a large long term contract, it must have the resources to satisfy the demands of growth.

Factoring Benefit: If a small business is bankable it can have more resources available to grow.  However, if a small business is not bankable, factoring can help satisfy the demands of growth with the ability to access cash immediately to meet a growing payroll or pay for more supplies.
                                 http://www.mbnpaymentsystems.com/cash.php

MBN Payment Systems: MBN Payment Systems: I'm not sure what it means to...

MBN Payment Systems: MBN Payment Systems: I'm not sure what it means to...: MBN Payment Systems: I'm not sure what it means to your business, but r... : I'm not sure what it means to your business, but read on and yo...

MBN Payment Systems: MBN Payment Systems: I'm not sure what it means to...

MBN Payment Systems: MBN Payment Systems: I'm not sure what it means to...: MBN Payment Systems: I'm not sure what it means to your business, but r... : I'm not sure what it means to your business, but read on and yo...

MBN Payment Systems: I'm not sure what it means to your business, but r...

MBN Payment Systems: I'm not sure what it means to your business, but r...: I'm not sure what it means to your business, but read on and you decide. I am not a big fan of Starbucks nor do I drink coffee. I am a...

I'm not sure what it means to your business, but read on and you decide.

I am not a big fan of Starbucks nor do I drink coffee. I am a fan of how Starbucks is able to grow their business and retain customer loyalty and a high percentage of repeat business.

According to The Wall Street Journal:

  

The average Starbucks U.S. store brings in $21,373 per week.

Purchases made on the Starbucks Card make up 27% of their U.S. revenue (see article cited below).

  

$2.2 billion was loaded onto Starbucks Cards in the year through September 2011.

  

According to the article, the majority of Starbucks customers use the balances on their cards within 90 days. In other words, Starbucks customers come in frequently, use their cards frequently, and refill them frequently.

  

Starbucks allows customers to buy or refill their cards with any whole dollar amount starting with $5.

I'm wondering how your retail business or restaurant can emulate Starbucks? Can you follow Starbucks and get your customers to purchase refillable gift or stored value cards?

Try this (for example). Raise your prices by 15%. Give all of your refillable stored value card users a 20% discount on all purchases.

MBN Payment Systems: This article is my opinion, and not legal advice, ...

MBN Payment Systems: This article is my opinion, and not legal advice, ...: This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal ...

This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer. 

What if you have a judgment against a Native American Indian business or casino; or against an Indian Native American who lives or works on reservation land? In such situations, the odds for a judgment recovery is not good.

In many ways, American Indian land is another country. American Indians get "Sovereign Immunity" protection. Unfortunately, there is not a reliable, cheap, or easy way to domesticate a regular civil judgment into a tribal court. The odds are not great, however there is a chance you might recover a tribal-related judgment.

Many tribal reservations are closed to process servers, who are not allowed to enter tribal land to serve legal papers. The USPS does not deliver mail to many tribal addresses, so some "addresses" are not always "real" addresses, and are sometimes difficult to locate. 

Everything depends on the differences in tribal laws, and the mutual relationship (known as "comity") between the Indian tribal reservation, which is legally a sovereign nation, and the outside world (i.e., a state). 

Some tribes recognize state laws in certain instances, in exchange for reciprocal treatment under state laws. Tribes usually protect their members from judgment enforcements.

The first thing to try, is to contact someone in charge of the particular tribe involved by phone, and ask them what their policy is on judgment enforcement. Most may not want to cooperate, however some will. The most common policy is that outside judgment enforcement wage garnishments are ok when the employee being garnished is not a member of their particular tribe.

One way to enforce a judgment against a Native American person or entity, is to levy their property when it is not on tribal land. The way to do this is within state civil laws. 

For example, if your Native American judgment debtor owns a Porsche, the civil Sheriff will never enter a tribal land to levy it. However, if you are well prepared, you might be able to pay a civil Sheriff to levy the judgment debtor's vehicle, if the judgment debtor drives it to (e.g.) a store, or to an auto mechanic, off of tribal lands.

If you can arrange a vehicle levy when it is not on tribal land, the judgment debtor will need to go to state court to defend against the levy, and will get no special treatment from being a member of a tribal reservation.

If you have a judgment against an American Indian business or casino, perhaps you could make progress with their off-reservation supply chains. With legal state civil procedures, you could levy or have third-party examinations concerning tribal property in the possession of a non-tribal business, under the jurisdiction of the state court. 

You must respect every Indian entity you deal with, or you might find yourself banned from reservations by tribal councils. That would probably be game over, for any chance of recovering your judgment.

Many Indian tribe members work at gaming-related employers. Those who work on reservations can sometimes have their wages garnished. Whether you can, depends on which reservation, who you talk to, and what day of the week it is. If a non-Indian is working at an Indian business, their wages may be garnished by a state civil Sheriff.

In the past, Congress enacted legislation requiring state courts to honor tribal child custody orders as part of the Indian Child Welfare Act, see 25 USC §1911. 

Congress then passed federal laws requiring state and tribal courts to honor and enforce each other's child support orders, see 28 USC §1738B, and domestic violence protection orders, see 18 USC §2265.

When a civil dispute involves an American Indian on a reservation, for example, a business owed money by an American Indian person or entity, the US Supreme Court has long since recognized that such a case can only be brought in a tribal court, and not a state court. See Williams v. Lee, 358 US 217 (1959).

Some off-reservation businesses require tribal councils to sign waivers of immunity before they will do business with them. Most tribes do not sign such waivers, however when they do, it is usually easier to recover judgments against them. 

If the state-court judgment was obtained by a business with whom the tribe had executed such a waiver, you might be able to obtain assistance from the local tribal court system to enforce the judgment.

Enforcing judgments against Native American people or businesses is not easy. You must familiarize yourself with the laws in the tribes where you have judgments, or find someone who knows. 

When a tribe member claims they are judgment proof because of their tribe sovereignty, showing the case below to the tribal management council might help:  

UNITED STATES v. WEDDELL, 187 F.3d 645 (eighth Circuit 1999) where the Court affirms district court's ruling that Federal Debt Collection Procedures Act (FDCPA), which defines "person" who may be sued as a garnishee to include "an Indian Tribe" 28 USC Section 3002(10). Clearly and unequivocally expressed waiver of Indian Tribe's sovereign immunity, and thus subjected tribe, as garnishee, to garnishment suit against one of its members. Reasons given are that Congress has the plenary power to statutorily waive a tribe's sovereign immunity, and that Congress did so under the FDCPA. 

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MBN Payment Systems: The CPP exam - before, during and afterBy Steve No...

MBN Payment Systems: The CPP exam - before, during and afterBy Steve No...: The CPP exam - before, during and after By Steve Norell US Merchant Services Inc. s many of you are aware, the Electronic Transactio...

The CPP exam - before, during and after

By Steve Norell
US Merchant Services Inc.

s many of you are aware, the Electronic Transactions Association developed theCertified Payments Professional (CPP) program to advance the credibility and professionalism of merchant level salespeople (MLSs) and ISOs in today's ever changing market.

The CPP program essentially is a test-based certificate program. The test consists of 125 questions covering several areas of the payments industry, including technical subjects, ethics and basic knowledge. More weight is given to certain categories than others, but in general it is an all encompassing group of questions. If you pass, you receive a certificate, and your name is listed on the ETA website under the CPP Registry.

After having taken and passed the test (whew!), I can say it was harder than I thought it would be. Following are some further observations.

The prep stage

The first thing to capture my attention was the lack of study materials - no book, no notes, no nothing. I wasn't that nervous since I have been in this industry for over 15 years and, as many who know me are aware, I think I know everything. (My wife knows better; she thinks I don't even know how to use our dishwasher correctly.)

Since I am an ETA member, I registered for the test at the ETA website,www.electran.org, and paid $325 versus the $425 fee for nonmembers. In my opinion, it is a fair price. I was able to pick a testing site very close to where I live. I received notification that my requested site was accepted, and the date and time were set. (Not to be redundant, but no study guide was offered at this point either.)

The day of reckoning

So, the big date arrived. As I drove to my test site, two thoughts were running through my mind:

How many of my competitors will be there?
If I don't pass, I will never be able to show my face at work again.

Once I arrived at the site, I was directed to a private room with a computer where a moderator provided instructions on taking the test. The moderator also verified my identity.

The first thing I noticed, and was a bit disappointed by, was that when I looked around to see how many others were taking the test, the only person there was me. So much for competition. Soon, the bell went off, and away I went, answering the questions, which were multiple choice; there was only one correct answer per question.

I finished the test in approximately 1 hour and 30 minutes, signed out and headed back to the office. Everyone wanted to know how I did and, to tell you the truth, I had no idea.

Almost two months later, I received my results and, hooray, I passed. So now I have a wallet card, a certificate and listing on the ETA website. As a bonus, and with no input from me, on the site's list of CPP certified MLSs and ISOs in Florida, I am listed right at the top. I must have done something right.

The pros and cons

So after taking this test and hoping it is the right move to add some type of certification and credibility to our industry, here is what I think is good and not so good about the CPP exam. The good things are:

• We are moving in the right direction by endeavoring to add certification and credibility to our industry.
• The test was genuinely hard, as it should be.
• The test will be given twice a year, and there are ample sites throughout the United States, so no one should use lack of access as an excuse for not taking the exam.

The not so good things are:

• The questions covered too broad a base of topics, which I felt was a mistake. Some of the questions covered topics that were outside the area of credit cards.
• Some questions clearly could have been answered with two answers, and they both would have been correct. But according to the test designers, only one option was correct.
• Some of the questions were very subjective, and a test taker could have easily been tripped up by the nature of the question.
• Some of the questions were of a technical nature, and I doubt anyone with one year of experience could have gotten them right.

The ETA stated in the requirements that you need a minimum of one year of industry experience to take the test. I wholeheartedly agree, but as I just stated and based on some of the questions, I doubt that without a study guide there is much chance a person with only 12 months' industry experience could pass this test.

Suggestion box

So here is my recommendation to the ETA when it comes to tweaking the test. It is a simple one: issue a notebook with 500 questions along with the correct answers. Let the test taker study this until it is time to take the test, knowing that only 125 comparable questions will be asked.

Having to study 500 questions will allow the individual to gain more knowledge than the test actually covers.

The only thing that will make this program a success is if it has real perceived value, which means, as a CPP, I have an advantage over competitors who are not CPP certified. And to do that, we need to have retail and industry associations endorse the program. Something along the lines of notifying members to only do business with CPP members.

Well, that is my take on the test. I do encourage others to take it the next time around. By then, hopefully, there will be a study guide.