1314 Main Street, Suite 102
	Louisville, CO 80027
	Phone: 617-243-0060
	Fax: 617-243-0066

Exhibit 5.1

May 21, 2019                    

Payment Data Systems, Inc.

3611 Paesanos Parkway, Suite 300

San Antonio TX 78231

Re: Registration Statement on Form S-8

Gentlemen:

I have acted as counsel to Payment Data Systems, Inc., a Nevada corporation (the “Company”), in connection with the preparation and filing with the Securities and Exchange Commission of a registration statement on Form S-8 (the “Registration Statement”), pursuant to which the Company is registering the issuance under the Securities Act of 1933, as amended, an aggregate of 1,610,650 shares (the “Shares”) of its common stock, par value $0.001 (the “Common Stock”) registered and issuable under the Payment Data Systems, Inc. 2015 Equity Incentive Plan. This opinion is being rendered in connection with the filing of the Registration Statement. All capitalized terms used herein and not otherwise defined shall have the respective meanings given to them in the Registration Statement.

In connection with this opinion, I have examined the Company’s Restated Articles of Incorporation, as amended, and the Company’s Amended and Restated Bylaws, as amended, both as currently in effect and such other records of the corporate proceedings of the Company and certificates of the Company’s officers as I deemed relevant, and the Registration Statement and the exhibits thereto.

In my examination, I have assumed the genuineness of all signatures, the legal capacities of natural persons, the authenticity of all documents submitted to me as originals, the conformity to original documents of all documents submitted to me as certified or photostatic copies and the authenticity of the originals of such copies.

Based upon the foregoing, I am of the opinion that (i) the Shares have been duly and validly authorized by the Company and (ii) the Shares, when issued in accordance with the terms and conditions of the Payment Data Systems, Inc. 2015 Equity Incentive Plan, will be duly and validly issued, fully paid and non-assessable shares of Common Stock.

My opinion is limited to the Nevada Revised Statutes and federal securities laws of the United States and I express no opinion with respect to the laws of any other jurisdiction. No opinion is expressed herein with respect to the qualification of the Shares under the securities or blue sky laws of any state or any foreign jurisdiction. This opinion is limited to the matters stated herein. I disavow any obligation to update this opinion or advise you of any changes in my opinion in the event of changes in the applicable laws or facts or if additional or newly discovered information is brought to my attention.

I understand that you wish to file this opinion as an exhibit to the Registration Statement, and I hereby consent thereto.

Very truly yours,

/s/ Amy Trombly, Esq.

Amy Trombly, Esq.