The firm is readily familiar with the merchant regulations issued by the card associations, such as Visa, MasterCard, Discover, and American Express (AMEX), the various parties involved (such as the acquirer, ISO, gateway, and so forth), and the problems that can arise. We regularly advise clients on their payment processing agreements and help to resolve disputes when they arise.
Tap into our payment processing litigation experience and technical savvy for your credit card or payment processing dispute. And our experience in handling disputes is of great benefit to our clients when we draft or advise on payment processing contracts.
The typical payment processing agreement is a dense contract of adhesion—meaning the merchant has little to no bargaining power on its terms—and is filled with boilerplate legalese—meaning it can be difficult to understand if you are not familiar with the jargon. However, all payment processing contracts are not the same, and unfortunately, many payment processing agreements contain draconian provisions that can prove ruinous to the merchant if the processing relationship takes a bad turn. Such provisions include, but are not limited to:
With the multitude of processors in the industry, no merchant, regardless of credit history, should be required to enter into such an agreement. Yet because payment processing agreements are densely worded, it is difficult for merchants to identify these provisions on their own, and many are surprised to learn they exist only after said provisions have been enforced to the merchant’s detriment. The best way to identify such terms in a processing agreement is to seek legal review by an experienced law firm, such as Kronenberger Rosenfeld, before entering into the agreement.
Even the best of Internet merchants inevitably has a dispute with its processor. Kronenberger Rosenfeld has successfully resolved merchant processing disputes for many of its clients, including by negotiating rolling early releases of funds held in reserve and repairing the processing relationship. If you have a dispute with your payment processor, give Kronenberger Rosenfeld a call.