October 2015 they'll be liable for CC fraud if the transaction in question was not cleared on an NFC+EMV capable terminals. I don't know where your info is from, but it's either old, or they'll change their tune fast. Also, some businesses can avoid PCI audits if 75% of their transactions are cleared on NFC+EMV terminals. The liability shift you keep hearing about bundles NFC+EMV together into a single concept. They're inseparable as far as CC liability is concerned.