Our consultants are often called upon to help develop or pursue winning litigation strategies involving credit card industry disputes. We have provided expert opinions on topics such as contract interpretation, intellectual property rights, pricing, receivables valuation, conversion marketing efforts and more.

Examples of ACG Litigation Support projects include the following:

• When a credit card issuer sold a portfolio that included assets subject to an affinity relationship, the affinity group claimed that it was entitled to a share of the premium on the sale. ACG investigated contractual provisions and applied proprietary valuation models to assist the bank in successfully defending itself.
  
  
• One of the largest Canadian card issuers was being sued by an individual for improper use of intellectual property. The individual had presented a concept to the bank, which later issued a product with similar features. ACG identified “prior art” as well as pointed out significant differences in product designs. Our testimony helped the bank successfully defend itself in court.
  
  
• A major card issuer hired ACG to provide expert witness support for a lawsuit regarding transition marketing following a co-brand contract dissolution and portfolio sale. ACG provided extensive support regarding best practices and industry standards in consumer card marketing. We also designed and executed a consumer survey that clarified cardholder perceptions of the contested marketing material. ACG’s client was pleased with the terms of the pre-trial settlement.
  
  
• ACG served as an expert witness in a contract dispute pertaining to the Canadian credit/charge card market. The dispute was valued at several hundred million dollars due to the withdrawal of a primary partner from a coalition loyalty program. ACG testified to the empirical and projected performance of the program without this key redemption partner. The case was settled after the trial began, with our client, the plaintiff, receiving substantially better terms.
  
  
• ACG was engaged by a bank involved in a contract dispute with a vendor. The bank had purchased an instant application approval tool that included sophisticated fraud-prevention techniques. The tool, which the vendor ultimately admitted did not work as expected, caused heavy fraud losses. The litigation addressed the damages that resulted from the bank’s reliance on the vendor's product. Our client was awarded a settlement without proceeding to trial.