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Contingencies | 9 Months Ended
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Sep. 30, 2018
Contingencies Disclosure [Abstract] |
Contingencies | 8. Contingencies In the ordinary course of business, we and our subsidiaries are subject to various pending and potential legal actions, arbitration proceedings, claims, investigations, examinations, information gathering requests, subpoenas, inquiries and matters relating to compliance with laws and regulations (collectively, legal proceedings). We disclose our material legal proceedings under Part II, Item 1. “Legal Proceedings” in this Quarterly Report on Form 10-Q and Part I, Item 3. “Legal Proceedings” in the 2017 Form 10-K. In addition to the matters disclosed under “Le gal Proceedings,” we are being challenged in a n umber of countries regarding our application of value-add ed taxes (VAT) to certain of our international transactions, which are in various stages of audit, or are being contested in legal actions (collectively, VAT matters). While we believe we have complied with all applicable tax laws, rules and regulations in the relevant jurisdictions, the tax authoritie s may determine that we ow e additional VAT. In certain ju risdictions where we are contesting the assessments, we were required to pay the VAT assessments prior to contesting. Our legal proceedings range from cases brought by a single plaintiff to class actions with millions of puta tive class members. These legal proceedings involve various lines of business and a variety of claims (including, but not limited to, common law tort, contract, application of tax laws, antitrust and consumer protection claims), some of which present novel factual allegations and/or unique legal theories. While some mat ters pending against us specify the damages claimed by the plaintiff or class, many seek an unspecified amount of damages or are at very early stages of the legal process. Even when the amoun t of dam ages claimed against us are stated, the claimed amount may be exaggerated and/or unsupported. As a result, some matters have not yet progressed sufficiently through discovery and/or development of important factual information and le gal issues to e nable us to estimate an amount of loss or a range of possible loss, while other matters have progressed suffi ciently such that we are able to estimate an amount of loss or a range of possible loss. We have accrued for certain of our outstanding legal proc eedings. A n accrual is recorded when it is both (a) probable that a loss has occurred and (b) the amount of loss can be reasonably estimated. There may be instances in which an exposure to loss exceeds t he accrual. We evaluate, on a quarterly basis, develo pments in legal proceedings that could cause an increase or decrease in the amount of the accrual that has been previously recorded, or a revision to the disclosed estimated range of possible losses, as applicable. For those disclos ed material legal proceedings and VAT matters where a loss is reasonably possible in future periods, whether in excess of a recorded accrual for legal or tax contingencies, or where there is no such accrual, and for which we are able to estimate a range of possible loss, the current estimated range is zero to $390 million in excess of any accruals related to those matters. This range represents management’s estimate based on currently available information and does not represent our maximum loss exposu re; actual results may vary significantly. As such legal proceedings evolve, we may need to increase our range of possible loss or recorded accruals. Based on our current knowledge, a nd taking into consideration our litigation-related liabilities, we beli eve we are no t a party to, nor are any of our properties the subject of, any legal proceeding that would have a material adverse effect on our consolidated financial condition or liquidity. However, in light of the uncertainties involved in such matters, i t is possible that the outcome of legal proceedings, including the possible resolution of merchant claims, could have a material impact on our results of operations.

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