Apple Pay/CurrentC Issue May Result In Class Action Lawsuit

Not having Apple Pay available was a unpopular choice for some retailers, which led to a very public decrying of CVS and Rite Aid. Both companies signed up as part of competing service MCX, which operates CurrentC. As you may have read, CurrentC asks that any partners adhere to a policy wherein there is no other form of mobile payment accepted on-site, leaving CurrentC with exclusivity as a result of any contract. According to one law firm, that may not have been a legal thing to do.

Schubert, Jonckheer & Kolbe are "investigating" whether the CurrentC agreement CVS and Rite Aid signed violated any antitrust laws. From their website dedicated to the cause:

Under the terms of the MCX, as reported by the New York Times, the MCX contractual agreement prohibits its member retailers from accepting competing payment methods, including Apple Pay. If these retailers break their contracts, they will face steep fines.

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.

Though the law-firm specifically mentions CVS and Rite Aid by name, this could have a reaching effect well into other MCX partners, should a suit be brought before the court. WalMart is also part of MCX, and several other large retailers have also been found to be part of the mobile payment scheme.

Schubert Jonckheer & Kolbe suggest anyone with an iPhone 6, 6 Plus, or Android phone who have tried to use Apple Pay or Google Wallet at CVS or Rite Aid to reach out to them. Their contact info is available via the source link below.

Source: Schubert Jonckheer & Kolbe

Via: iMore