It's a shame that some retailers such as CVS and Rite-Aid aren't so keen on adopting Apple Pay, but do they really deserve to have a class action lawsuit aimed at them? Apparently, if you work at the firm of Schubert, Jonckheer & Kolbe, that answer may be yes. The firm is currently looking into the matter to see if they have enough of a foundation for a case, and they're polling customers to see how they feel about the chains' decision to hold off on Apple Pay for now.
Specifically, the company "is investigating whether CVS and Rite Aid violated the antitrust laws by banding together with other MCX [Merchant Customer Exchange] members in a decision to boycott other payments systems, including Apple Pay."
As you might recall, MCX-member businesses aren't allowed to use Apple Pay because it conflicts with MCX's own CurrentC program for mobile payments, which requires a comparatively cumbersome payment process centered on your smartphone's camera. Rite-Aid and CVS both attracted national attention last week when they both stated that they wouldn't support Apple's rival service (even though Rite-Aid originally did at launch). Despite some assurances of CurrentC's security, the evidence often seemed to point to the contrary.
The trouble is that MCX companies are currently bound by an exclusivity agreement, which prevents them from using rival mobile payment systems while the business is using CurrentC at the same time. But it's possible that we could see CVS and similar rival companies come over to the Apple fold sooner than expected. In an interview with USA Today yesterday, MCX chief operating officer Scott Rankin said that the exclusivity period is "closer to months than years."
CurrentC is currently being tested in a limited amount of stores, although it's expected to see a wider release sometime early next year.
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