Non-Competes Non-Solicits & Merchant Payments: What’s Really Enforceable | Contracts Matter | PEP061
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Non-Competes, Non-Solicits, and Your Bottom Line: What Every Payments Professional Must Know
The fine print in your payment processing agreements could be quietly limiting your earning potential, career mobility, and business growth—and you might not even realize it. When was the last time you scrutinized the restrictive covenant language buried inside your ISO, agent, or partnership agreements?
In this episode of The Payments Experts Podcast, produced by Global Legal Law Firm (https://www.globallegallawfirm.com/), our payments attorneys Christopher Dryden and Leo Arzumanyan join Jeremy Stock to break down the hidden legal risks behind non-compete and non-solicitation clauses—and why understanding enforceability is critical if you work anywhere in merchant services, fintech, or payments processing.
Why These Clauses Matter in Merchant Payments
In California, non-competes are prohibited—and non-solicitation provisions are generally unenforceable. But in states like Texas and Florida, certain restrictions are permitted—provided they’re narrowly tailored by geography, time, and business scope.
The problem? Many ISO and agent contracts ignore these limits entirely, embedding clauses that wouldn’t survive legal scrutiny but still succeed at intimidating professionals into compliance. Our experts explain how processors and ISOs sometimes leverage overreaching language to restrict competition, limit residual rights, and control relationships with merchants, sub-agents, and vendors.
Red Flags That Could Be Costing You Deals
We unpack troubling industry trends, including:
- Overbroad definitions of “affiliates,” “partners,” and “vendors” that make compliance nearly impossible.
- Restrictions that violate worker mobility rights, locking professionals out of opportunities with other processors, payment facilitators, or merchant portfolios.
- Clauses so expansive you could be in breach the moment you sign, even without realizing it.
Our attorneys share real-world cases where payment professionals unknowingly forfeited significant opportunities—or even residual streams—because of contractual traps buried deep in agreements.
Why Legal Review Is Essential for ISOs, Agents, and Fintech Leaders
In the rapidly evolving world of merchant payments and fintech, contract reviews are not a formality—they’re a strategic necessity. The balance between protecting legitimate business interests and preserving your professional freedom has never been more critical.
Understanding which provisions are enforceable—and which aren’t—can be the difference between growing your portfolio and being boxed out of the market.
Don’t Let Restrictive Contracts Control Your Future
Whether you’re an ISO negotiating a new processing agreement, an independent agent protecting your residuals, or a fintech leader scaling operations, this episode arms you with insights to negotiate smarter, secure your business interests, and protect your career mobility.
Subscribe to The Payments Experts Podcast and visit globallegallawfirm.com to get the knowledge you need to stay competitive in an industry where contract language often overreaches—and your freedom to operate is on the line.
**Matters discussed are all opinions and do not constitute legal advice. All events or likeness to real people and events is a coincidence.**
A payments podcast of Global Legal Law Firm
Chapters
1. Equity in Payment Industry Contracts (00:00:00)
2. Non-Compete Laws by State (00:00:49)
3. Overly Broad Non-Solicitation Terms (00:02:15)
4. Employee Mobility Rights (00:04:10)
5. Episode Closing (00:08:50)
61 episodes