Law firm representing class of payment card issuers says Apple Pay policies violate federal law

A federal judge overseeing an antitrust class-action lawsuit against Apple Inc. regarding allegations of anticompetitive behavior in the mobile wallet market certified a class of payment card issuers, allowing claims to continue, according to attorneys at law firms Hagens Berman and Sperling Kenny Nachwalter LLC.

U.S. District Judge Jeffrey S. White issued the order on Sept. 23, 2026, and also denied Apple’s motion to exclude expert testimony attorneys say establishes common proof that Apple maintains monopoly power in a relevant antitrust aftermarket for tap-and-pay iOS mobile wallets as well as a broader market for all mobile wallets.

The certified class includes all U.S. entities that issued any payment card enabled for Apple Pay and paid Apple a fee for Apple Pay transactions on that payment card. The lawsuit’s named plaintiffs include three credit unions which attorneys argue have been harmed by Apple’s allegedly supracompetitive transaction fees as well as its stifling of competition “to secure an unlawful monopoly for Apple Pay.”

If you issue payment cards enabled for use in Apple Pay, find out more about this issue and your rights against Apple.

“We are pleased with the ruling and look forward to next steps of litigation,” said Steve Berman, Hagens Berman co-founder and managing partner. Judge White’s order also appointed Hagens Berman as co-class counsel.

About Apple Pay’s Allegedly Anticompetitive Harms

The lawsuit accuses Apple of extracting up to $1 billion annually in fees in violation of federal antitrust law. Apple denies rivals access to the technology needed to develop a competing mobile wallet, according to the class action. On iOS devices, Apple has ensured that only its mobile wallet, Apple Pay, can make contactless payments at the point of sale. Having secured a monopoly for Apple Pay in this fashion, Apple charges card issuers who use Apple Pay, like credit unions and other small financial institutions, supracompetitive fees for a service that is available on Android devices for free, according to the lawsuit.

Across Android devices and supported mobile wallets on that operating system, issuers pay nothing to use the decades-old technology that allows for tap-and-pay functionality via Android platforms. Meanwhile, across all iOS devices, Apple Pay is the only tap-and-pay mobile wallet allowed, thanks to Apple’s exclusionary practices. Via Apple Pay, Apple charges U.S. card issuers 15 basis points on credit and .5 cents on debit for all transactions.

The lawsuit seeks to reimburse payment card issuers who have been charged Apple Pay’s fees and seeks injunctive relief to put an end to Apple’s policies.

Learn more about the antitrust class-action lawsuit against Apple on behalf of payment card issuers subjected to Apple Pay policies.

About Hagens Berman

Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

View source version on businesswire.com: https://www.businesswire.com/news/home/20260925940067/en/

“We are pleased with the ruling and look forward to next steps of litigation,” said Steve Berman, Hagens Berman co-founder and managing partner. Judge White’s order also appointed Hagens Berman as co-class counsel.