EMA Member Service Benefit with Wolters Kluwer BizFilings to Help Streamline Beneficial Ownership Information (BOI) Filing Times
Webinar: Tuesday, September 10, 2024, 11:00 a.m. EST

By January 1, 2025, over 30 million entities are required to file Beneficial Ownership Information (BOI) reports with FinCEN under the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act (NDAA) passed by Congress in December 2020. BizFilings’ BOI reporting tool reduces filing times and errors through a streamlined, secure and automated workflow. BizFilings will offer EMA member companies a 12 percent discount off BOI report filings.

EMA and Wolters Kluwer invite you to join this 45-minute webinar on Tuesday, September 10^th at 11am EST to learn about the new BOI reporting requirement, understand how this impacts your business, and be aware of the upcoming deadlines.

EMA Legal Reminder: VISA/MasterCard Settlement Administrator Accepting Claims Forms Now Through February 4, 2025

After the VISA/MasterCard case was filed over 18 years ago, and over 5 years since the court approved the September 18, 2018 Class Settlement Agreement, the Class Administrator of the $5.5 billion payment card interchange fee settlement fund has mailed out claim forms to retailers/marketers who may be eligible for a share of the Settlement Fund. Last week, the Court granted an extension of the claims-filing deadline. The deadline to submit claims is now February 4, 2025.

1. Claimants must have accepted VISA and/or MasterCard as payment for their sales of goods or services between January 1, 2004 and January 25, 2019. Claim Forms must be submitted by February 4, 2025. If you received a Claim Form in the mail and want to file a claim online using the Claimant ID provided, please click the “Submit a Claim” button” at this link: https://www.paymentcardsettlement.com/en.

2. Branded Marketers should submit a claim, for branded sales, even though there is currently a dispute about whether they or their branded supplier is entitled to recover the settlement share for credit card sales through their branded supplier’s respective systems. As previously reported by the Energy Marketers of America (EMA), a Special Master has been appointed by the court to hear appeals from denials of eligibility, such as claim denials based on the alleged status of branded retailers as indirect payers.

3. The Claims The actual claim amount, per $ of sales approved, will be calculated after the Claims Administrator calculates the total amount of the Claims submitted. If you receive a claim form in the mail, fill it out and return it to the Settlement Administrator in accordance with the instructions on the form using the assigned Claim ID number. If your claim is denied, you will be able to bring it before the Special Master for review. If you did not receive a form, you can access the settlement website below and enter your Tax ID number (TIN) to find out whether the Settlement Administrator considers you eligible at http://www.paymentcardsettlement.com/en/Login.

While EMA has not secured the procedures to be utilized by the Special Master, a determination of ineligibility obtained by accessing the above-referenced login information should be sufficient as a denial of your claim to warrant an appeal to the Special Master.

Please note that the “Court Approved Claim Form" is only 1 page long. Other than claimant identification, it only contains one substantive question. It requires a claimant to fill in the blank for "Class Period (January 1, 2004 -- Jan. 25, 2019) Interchange Fees Paid.” Marketers should not need any assistance in completing or filing their claims. A fund this large attracts firms who think of inventive ways to obtain some of the settlement. We have heard from several marketers who have received solicitations to assist with their claims due to the anticipated long delay until payout. Given that this case was filed in 2005, the time until payout is unknown but it will likely be lengthy. Marketers may of course choose their own path but should understand that filing their claim form is simple.

If your claim is denied on the ground that you are an “indirect payer,” and you wish to lodge an appeal, you may want to first seek guidance from your attorney, although you are free to file your appeal without attorney assistance. The primary basis for any such appeal would be that you are, in fact, a direct payer of the interchange fees paid on each card transaction.

Comments and/or Questions? Please contact EMA General Counsel: Bob Bassman, bbass@bmalaw.net or Al Alfano aalfano@bmalaw.net.

White House Issues National Heat Strategy

The U.S. Government announced a federal heat strategy this week which is aimed at promoting coordination related to heat planning, response and resilience. The strategy is being spearheaded by the federal interagency National Integrated Heat Health Information System (NIHHIS), made up of 29 federal departments and agencies, led by the Centers for Disease Control and Prevention (CDC), the National Oceanic and Atmospheric Administration (NOAA), and the Federal Emergency Management Agency (FEMA). Additionally, the Department of Commerce and NOAA announced $200,000 in funding to support extreme heat preparedness and response planning, and NINHIS released a new National Heat Strategy for 2024-2030, which will aid federal agencies in developing science-based solutions and improving resources, communications and decision-making related to hazardous heat.

A notable resource developed by the NINHIS to address extreme heat is The experimental HeatRisk tool, that provides a 7-day heat forecast nationwide that tells users when temperatures may reach levels that could harm human health. Pulling data from the HeatRisk tool, CDC also developed a HeatRisk dashboard, a user-friendly webpage where people can enter their ZIP code and get personalized heat forecast information for their location, including information on local air quality, alongside protective actions to take.

To read the HHS press statement which lists resources, including a LIHEAP Heat Stress Dashboard, click here.

EMA’s October 6-7 Fall Meeting at the NACS Show 2024: Website and Registration Open!

EMA will hold its Fall Meeting in conjunction with the NACS Show on October 6-7 at the Encore at Wynn Las Vegas. The EMA meeting will begin with a New Attendee Orientation/Federal Legislative Update mid-afternoon on October 6. The NACS/EMA Reception Salute to State Association Executives (all EMA members are welcome) will follow at the Las Vegas Convention Center in the Hunter Club Lounge. On the morning of October 7, there will be a Buffet Breakfast followed by Region and Committee Meetings. The EMA Board of Directors meeting is scheduled after the Distinguished Service Award Luncheon honoring Spirit® Petroleum President and former Washington State Marketer Gerry Ramm exclusively sponsored by EMA Board of Directors Council Partner Federated Insurance.

A reminder invitation was sent to your inbox on July 31. Registration deadline is September 3, 2024 and our room block is nearly sold out so please do not delay in making plans! Responding to the links on the invitation email is the recommended way to register.

Remember, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Special EMA Members Code for NACS Show 2024 Registration

The NACS Show is returning to Las Vegas this October, and deadlines are approaching.

Using this code provides EMA with $100 for every retailer or jobber paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association’s member companies. Please see attached flyer.

**Please note that EMA State Execs are comped for NACS Show registration, and this link was sent out on August 12. Additionally, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Again, the EMA NACS Show Registration Code is: EMANS2024 and CLICK HERE for full instructions to register.

Questions registering for NACS Show? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. – 5:00 p.m. EST, for assistance.

Purchase PAC Raffle Tickets for an Opportunity to Win a Ben Hogan 1951 Pebble Beach Framed Golf Photo

EMA will hold a PAC raffle during the EMA Fall Meeting at the Encore at Wynn in Las Vegas, Nevada October 6-7. The raffle winner will be identified during the conference on October 7. The winner does not have to be present to win. If you are not attending the conference and you are the fortunate owner of the Ben Hogan Framed Photo, you will be notified the week following the October drawing.

Ben Hogan was considered one of the greatest players in the history of golf. He is one of only five players to have won all four majors. This framed photo captures a small piece of history.

The proceeds of the raffle will benefit the EMA Small Business Committee (SBC) PAC. The money distributed to the PAC is used to benefit federal legislators who support the industry and have a solid record on key industry legislative issues.

Tickets are $25 each or five for $100. Advanced tickets for the Ben Hogan Framed Golf Photo are available for purchase until October 4. Ticket sales will continue at the Energy Marketers of America’s conference in Las Vegas until the drawing on October 7. Tickets must be paid for with personal funds by MasterCard, VISA, American Express, cash (cash cannot exceed $100 due to Federal regulations) or check, which should be made out to the EMA SBC PAC. To purchase tickets before October 5, please email completed PAC Raffle flyer to Sabrina Pitcher.

Weekend Reads

Lenders Bring Suit Against Illinois’s Newly Enacted Interchange Law

API | New Poll: Swing State Voters Support Policies to Encourage Oil and Natural Gas Production

US seeks 6 million barrels of oil for Strategic Petroleum Reserve | Reuters

BMW boss says 'categorical ban on petrol and diesel cars is wrong' | MSN

Trump embraces Musk and his electric vehicles — but not Biden’s rules | Atlas Public Policies

Harris' energy policy is strategically ambiguous, her aides say | Reuters

EMA MDF Contributors for July 2024

The Energy Marketers of America’s Marketer Defense Fund wants to thank the following individuals for their contributions during the July 1- 31 timeframe:

Arizona: Arizona Petroleum Marketers Association
California: Reed Rinehart
Colorado: Colorado Petroleum Marketers and Convenience Store Association
Connecticut: Connecticut Energy Marketers Association
Louisiana: Grady Gaubert
Missouri: Missouri Petroleum Marketers & Convenience Store Association
New Mexico: New Mexico Petroleum Marketers Association
North Dakota: North Dakota Petroleum Marketers Association, Paul Mutch
Oregon: Oregon Fuels Association
Washington: Washington Independent Distributors of Energy

Corporate donations are acceptable. MDF funds have been used to create a COVID-19 Situational Update & Resources webpage, to hire experts to cover important regulatory agencies and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the EMA MDF.

Federated Insurance: Risk Management Corner
Safety Awareness for Slips Trips and Falls

It only takes a moment, but a slip, trip, or fall at your business could have devastating and long-lasting consequences. Keeping your employees and clients safe isn’t just common sense, it’s a solid risk management practice. To read about the hazards and action steps to take for safe work practices, please click here.

Please always feel free to contact your Federated regional representative or EMA’s new National Account Executive Patrick Cunningham at 507.455.8935 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.