2. Requires a wireless signal or mobile connection. System availability and response times are subject to market conditions and your mobile connection limitations. Functionality may vary by operating system and/or device.

It is possible that you may need to provide further information in order to authenticate your card and device to enroll. If additional authentication is required, you will be provided with the option to receive a one-time passcode to be sent via text message or email to your mobile phone number or email that Schwab has on file. You will also have the option to call Schwab Bank to provide the additional verification information.


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Apple Wallet may prompt you for additional security information when you add your debit card. This may include a one-time password sent to your mobile phone number or email address on file with Schwab. You will also have the option to call Schwab for additional authentication if preferred. Once this is verified, you can start using Apple Pay.

You can use your eligible Android device to use Google Pay within mobile applications and Google Chrome websites where available. If you see the checkout buttons below, Google Pay is eligible in the app or website you are using. Tap the button and confirm your billing, shipping and contact information to ensure that it is correct. Enter any information that needs to be updated for the purchase. Once the payment is complete, you will see a checkmark.

Google Pay may prompt you for additional security information when you add your debit card. This may include a one-time password sent to your mobile phone number or email address on file with Schwab. You will also have the option to call Schwab for additional authentication if preferred. Once this is verified, you can start using Google Pay.

All point of sale devices that utilize magnetic strip (swipe terminals) and/or contactless (NFC) functionality can be used by Samsung phones. Samsung Gear watches only work at terminals that are contactless support NFC (near field communications) at this time. Samsung phones utilize a technology called Magnetic Secure Transmission (MST) that is able to communicate with older terminals via a magnetic signal that mimics the magnetic strip on a traditional payment card. This technology also utilizes the unique token or mobile account number so this is just as safe as utilizing the contactless functionality for purchases at retail stores.

Samsung Pay may prompt you for additional security information when you add your debit card. This may include a one-time password sent to your mobile phone number or email address on file with Schwab. You will also have the option to call Schwab for additional authentication if preferred. Once this is verified, you can start using Samsung Pay.

It is possible that you may need to provide further information in order to authenticate your card and device to enroll. If additional authentication is required, you will be provided with the option to receive a one-time passcode to be sent via text message or email to your mobile phone number or email that Schwab has on file. You will also have the option to call Schwab Bank to provide you're the additional verification information.

Microsoft Wallet may prompt you for additional security information when you add your debit card. This may include a one-time password sent to your mobile phone number or email address on file with Schwab. You will also have the option to call Schwab for additional authentication if preferred. Once this is verified, you can start using Microsoft Wallet.

Use of your card through a mobile wallet is also subject to the terms and conditions of your Schwab Bank Deposit Account Agreement (which contains information on any potential liability for unauthorized transactions), your Visa Debit Card Agreement, the terms and conditions of the mobile wallet you use, the privacy policy set forth at Schwab.com, and the privacy policy of the mobile wallet you use.

This model weighs key factors like trading technology, range of offerings, mobile app usability, research amenities, educational content, portfolio analysis features, customer support, costs, account amenities, and overall trading experience according to their importance. Our team of researchers gathered 2425 data points and weighted 66 criteria based on data collected during extensive research for each of the 25 companies we reviewed.

For account fees, Charles Schwab is competitive. They do not charge monthly maintenance or inactivity fees, there is no minimum balance requirement and they do not charge fees for transfers to outside accounts, checks and mobile deposit. Other minor fees include a $25 wire transfer fee and a $39 security reorganization fee.

The Charles Schwab mobile app is much more stripped down than the trading platforms, offering only the basics: the ability to place trades, follow your accounts, check market news and see basic charts. You can also make voice commands to the Schwab Assistant trading tool to make trades, receive quotes and get answers to investment questions.

Options trading: When you trade from within the Schwab mobile app, the Options tab comes with over 26 strategies, including multi-legged spreads and combinations. Building multileg positions on the fly is a much more pleasant experience on thinkorswim.

The Supreme Court granted Defendants' motions to dismiss, concludingthat Plaintiffs' causes of action were preempted by the SecuritiesExchange Act of 1934, as amended in 1975, and the SEC Regulations promulgatedthereunder. The Appellate Division reinstated Plaintiffs' common-law causesof action, reasoning that federal law was not a bar to determining theadequacy of disclosure of information regarding order flow payments. TheAppellate Division remitted for determination of the remaining groundsfor defendants' motions to dismiss and certified to the Court of Appealsthe question whether the modification order was properly made.ISSUE & DISPOSITIONIssueWhether civil damage claims based on common law agency standards of disclosurein the practice of order flow payments are preempted by SEC regulationspromulgated under the Securities Exchange Act of 1934, as amended.DispositionYes. SEC regulations preempt state law in the case of order flow payments,which have been analyzed to be a cost beneficial practice.AUTHORITIES CITEDCases Cited by the CourtDoctor'sAssocs., Inc. v. Casarotto, _U.S._, 64 U.S.L.W. 4370 (1996).FreightlinerCorp. v. Myrick, _ U.S. _, 115 S.Ct. 1483 (1995).International Paper Co. v. Ouellette, 479 U.S. 481 (1987).Capital Cities Cable, Inc. v. Crisp, 467 U.S. 69 (1984).Le Roy v. Great W. United Corp., 443 U.S. 173 (1979).Gordon v. New York Stock Exch., 422 U.S. 659 (1975).Hines v. Davidowitz, 312 U.S. 55 (1941).Dahl v. Charles Schwab & Co., 545 N.W.2d 918 (Minn. 1996), cert.denied, No. 96-99, 1996 WL 411501 (Oct. 7, 1996).Evangelist v. Fidelity Brokerage Servs., Inc., 643 N.Y.S.2d 332(N.Y. App. Div. 1996).Guice v. Charles Schwab & Co., 214 A.D.2d 53 (N.Y. App. Div.1995).Other Sources Cited by the CourtFrancis J. Facciolo & Richard L. Stone, Avoiding the Inevitable:The Continuing Viability of State Law Claims in the Face of Primary Jurisdictionand Preemption Challenges Under the Securities Exchange Act of 1934,525 Colum. Bus. L. Rev 640 (1995).Payment for Order Flow, Exchange Act Release No. 34-33026 (Oct. 6, 1993),reprinted in 58 Fed. Reg. 52,934 (1993).Securities and ExchangeAct of 1934, 15 U.S.C.  78 et seq. (1934).Senate Committee on Banking, Housing and Urban Affairs, S. Rep. No. 94-75,94th Cong., 1st Sess. 1, reprinted in 1975 U.S.C.C.A.N. 179.Securities Confirmations Proposed Rule, Exchange Act Release No. 12806(Sept. 16, 1976), reprinted in 41 Fed. Reg. 41432 (1976).Securities Confirmations, Exchange Act Release No. 34-13508 (May 5, 1977),reprinted in 42 Fed. Reg. 25318, codified as amended at 17C.F.R.  240.10b-10[a][7][iv].Restatement (Second) of Agency  390 (1957).COMMENTARYState of the Law Before Guice v. Charles Schwab & Co.In Wendt v. Fischer, the New York Court of Appeals held that whenan agent conducts a transaction for the principal, the agent has an obligationto fully and completely disclose any conflict of interest between the agentand the principal. 243 N.Y. 439 (N.Y. 1926). Prior to the Court's decisionin Guice, the broker's required level of disclosure to the consumerregarding the receipt of order flow payments was unclear.Similarly, the Restatement (Second) of Agency calls for full and completedisclosure. Restatement (Second) of Agency  390. The agent is requiredto disclose all of the information that the agent knows or should knowwould be considered important to the principal when determining whetherto consent to the agent's dual role. Id. at 390 cmt a (1958).Effect of Guice on Current LawThe court holds that federal legislation and administrative agency regulationspreempt the state common law in cases where the federal agency after extensivecost benefit analysis, intends, its regulations to be the only standard.In effect the court holds that once a federal regulatory agency has determinedwhat the appropriate standard should be, any higher, state-imposed standardwill be preempted under the doctrine of implied conflict preemption. The1975 amendments to the Securities Exchange Act and the subsequent regulationscreated by the SEC were of such a nature as to preempt the states fromimposing any additional common law duties to disclose information regardingorder flow payments.Stating that preemption is ultimately a question of congressional intent,the court outlines various ways in which federal law may preempt statelaw. The preemptive effect of federal legislation may be shown throughexpress language in the federal statute. It may also be implied if thefederal legislation is so comprehensive that it is clear that Congresswished it to occupy the entire field of its subject matter. Furthermore,the court emphasizes that federal administrative agency regulations mayalso preempt state law when their purpose is to effectuate Congressionalintent.The opinion details the Congressional reasons for the 1975 amendments.The court states that there is a need "to remove impediments to and perfectthe mechanisms of a national market system for securities and a nationalsystem for clearance and settlement of securities transactions." In accordancewith this goal, the SEC adopted Rule 10b-10 in 1977, which imposed variousdisclosure requirements. However, the SEC also recognized that these requirementsshould be adjusted to take into consideration situations where compliancecosts are disproportionate to the practical benefits to the investor.In 1993 the SEC reviewed the proposed expansion of disclosure requirementsfor order flow payments. Employing a cost benefit analysis, the SEC imposedseveral additional disclosure requirements but flatly rejected eliminatingorder flow payments. It concluded that the practice benefitted the securitiesindustry because it lowered execution costs, enhanced competition, anddid not violate the broker's best execution obligations. The court emphasizesthat the Defendants here had complied with the SEC disclosure requirementsas applied to order flow payments.Plaintiff relied on New York agency law precedent which requires thatwhen dual interests are involved, effective disclosure "must lay bare thetruth, without ambiguity or reservation." Wendt v. Fischer, 243NY 439 at 443. The court states that Plaintiffs have an actionable claimunder New York law and that a jury might find that Defendants did not discloseadequately to meet the legal standard.The court, however, concludes that if it allowed various state courtsto impose liability on national brokerage houses for failure to meet stricterstate common law agency disclosure standards for order flow payments, itwould defeat the Congressional purpose of allowing the SEC to regulatea coherent national market system. The court cites precedent showing thatfederal legislation preempts state regulation when that regulation adverselyaffects the ability of a federal administrative agency to regulate accordingto Congressional objectives.The court goes further to state that state civil actions based on commonlaw agency principles conflict with Congressional intent in a second respect.The SEC, acting within its rule making authority, determined that orderflow payments increase the efficiency of the market and placed limiteddisclosure requirements on these payments. By imposing further disclosureor risk of civil liability on these payments, brokers may abandon themaltogether, thereby increasing the cost and directly undermining the Congressionalobjective of efficient execution of orders.The court specifically rejects Plaintiffs' arguments that stricter statecommon law disclosure doctrine can coexist with federal regulations, becauseboth are intended to enhance investor protection. The effect of state liabilitywould be to supplant the disclosure rules of the SEC and disrupt the delicatebalance of interests determined by Congress and the SEC.The savings clause of the SecuritiesExchange Act, which allows for state securities regulation to the extentthat it does not conflict with federal regulations, does not provide thePlaintiff any relief either. The Court holds that there is a conflict betweenthe state common law agency standard and the federal regulations and thereforethe savings clause does not apply.Unanswered QuestionsChief among the questions that are left open by the court is how far thedecision will reach. In Guice the issue was the SEC's directiveto create, and authority to regulate a national market system for securities.Federal law, by definition is national in scope. In cases where Congressincludes a savings clause in the statute, federal law normally serves asa minimum standard. Absent a conflict with federal law, states are usuallyfree to also regulate the area in question. The court acknowledges thisprinciple but interprets the higher standard of New York's common law ofagency as directly conflicting with the standard for disclosure set bythe SEC. The court does so not because meeting both standards is impossiblebut because New York's common law standard is an obstacle to achievingthe Congressional objective of a national system. Will this type of impliedconflict preemption be found only when Congress intends to establish anational system? In our increasingly mobile and interconnected society,it is important to know if such preemption will also be found in otherareas regulated by both state and federal governments.The court's emphasis on the cost benefit analysis done by the SEC suggeststhat such an analysis is necessary, or at least highly probative, in determiningthe preemptive effect of such a federal regulation. The court does not,however, directly address the question. Additionally, if such an analysisis required, it is not clear how exhaustive that analysis must be. Thecourt gives complete deference to the SEC's determination of the standardfor disclosure concerning order flow payments, and never addresses whetherit would do so had the SEC's analysis been less thorough.If a cost benefit (or similar) analysis is required to give preemptiveeffect to federal agency regulations, it is unclear who will decide whetherthe agency has done such an analysis and whether it was adequately done.It seems that such a determination will in all likelihood rest with thecourts. This may further undermine the certainty of a savings clause. Thesavings clause was not enough to sustain state action in Guice.The question remains whether such a clause would be able to support stateaction in other areas regulated by federal agencies.Survey of the Law in Other JurisdictionsThe issue whether state common law agency and statutory consumer protectionrequirements should be extended into the area of order flow payments insecurities transactions has only been raised in one state other than NewYork.The Supreme Court of Minnesota has addressed the possible preemptionof state statutory or common law by federal order flow payment regulation.In Dahl v. Schwab, the Court held that federal securities law regarding"order flow payments" preempted any consent requirements under state commonlaw of agency or state consumer protection statutes. 545 N.W.2d 918 (Minn.1996). Minnesota agency law requires the principal's consent as well asthe agent's full disclosure of facts in situations were the agent may profit.Carlson v. Carlson, 363 N.W.2d 803 (Minn. 1985). The Minnesota SupremeCourt stated that if these requirements were imposed, they would resultin agents or brokers having to calculate the exact amounts of order flowprofits per customer before the aggregate order was executed and that sucha requirement might render the order flow payment system unprofitable.Dahl, 545 N.W.2d at 925. The Court found, as the New York Courtof Appeals did in Guice, that there should be an implied preemptionto state law since it presented an obstacle to the accomplishment of thepurpose of federal law. Unlike the New York Court of Appeals, however,the Minnesota Supreme court did not discuss SEC amendments in its preemptionanalysis. The Minnesota court relied instead on Congress' general intentto allow the SEC to regulate the securities market. The Court reasonedthat it was the general Congressional intent to encourage competition andconcluded that order flow payments are a useful competitive tool. Dahl,545 N.W.2d at 925.Prepared By:Emmy B. Hackett, '98Armando Pastrana, Jr., '98Michael A. Peil, '97Barbara Raben, '98Spencer F. Robert, '98Christopher W. Sprague, '98Michelle L. Sterling, '97Web accessibility help 2351a5e196

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