The bigger question I had was whether they will be sued, see Patent 8396808, "Method and system for transferring an electronic payment" - Claim #8
8. The method of claim 2, wherein the step of communicating identity confirmation information includes sending an image associated with an account ID, wherein the image comprises a photograph of an owner of the purchaser account, and receiving confirmation from the merchant terminal that the image associated with the account ID matches that of the purchaser.