Page:United States Statutes at Large Volume 122.djvu/2932

 12 2 STA T . 2 90 9 PUBLIC LA W 110 – 2 8 9 —J UL Y3 0, 2008 ‘ ‘ (i i )such i nterm e d i a r y sha l l b e treated as the p ay - ment settlement entity w ith respect t o the settlement o f such transactions with the participatin g payees . ‘‘( B ) ELECTRONI C PAYM ENT F ACILITATOR S . —I n any case where an electronic payment facilitator or other third party ma k es payments in settlement of reportable payment trans- actions on behalf of the payment settlement entity , the return under subsection (a) shall be made by such electronic payment facilitator or other third party in lieu of the pay- ment settlement entity. ‘‘(c) R EPORTA B LE P AYMENT T RANSACTION.— F or purposes of this section— ‘‘( 1 )IN G ENERAL.—The term ‘reportable payment trans- action ’ means any payment card transaction and any third party network transaction. ‘‘( 2 ) PAYMENT CAR D TRANSACTION.—The term ‘payment card transaction’ means any transaction in which a payment card is accepted as payment. ‘‘( 3 )T H IRD PARTY NET W OR K TRANSACTION.—The term ‘third party network transaction’ means any transaction which is settled through a third party payment network. ‘‘(d) O THER D EFINITIONS.—For purposes of this section— ‘‘(1) PARTICIPATING PAYEE.— ‘‘( A ) IN GENERAL.—The term ‘participating payee’ means— ‘‘(i) in the case of a payment card transaction, any person who accepts a payment card as payment, and ‘‘(ii) in the case of a third party network trans- action, any person who accepts payment from a third party settlement organi z ation in settlement of such transaction. ‘‘(B) E X CL U SION OF FOREIGN PERSONS.—E x cept as pro- v ided by the S ecretary in regulations or other guidance, such term shall not include any person with a foreign address. ‘‘( C ) INCLUSION OF GO V ERNMENTAL UNITS.—The term ‘person’ includes any governmental unit (and any agency or instrumentality thereof). ‘‘(2) PAYMENT CARD.—The term ‘payment card’ means any card which is issued pursuant to an agreement or arrangement which provides for— ‘‘(A) one or more issuers of such cards, ‘‘(B) a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as pay- ment, and ‘‘(C) standards and mechanisms for settling the trans- actions between the merchant ac q uiring entities and the persons who agree to accept such cards as payment. The acceptance as payment of any account number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as accepting such payment card as payment. ‘‘(3) THIRD PARTY PAYMENT NETWORK.—The term ‘third party payment network’ means any agreement or arrange- ment—

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