Carranza Law Group, Inc. Chicago, Illinois
Fernando R. CarranzaJD, CPA
Attorney and Certified Public Accountant
Re:Merchants and advertisers in trouble with a payment processor
Placed on MATCH. Reserve held. Fees you never agreed to.
Dear reader,
A payment processor can close your account on short notice. It can hold your money, and it can put your business on a list that follows you for five years. If that has happened to you, you are probably short on time and short on straight answers.
I help merchants and advertisers who are in a dispute with their payment processor, ISO (independent sales organization) or acquiring bank. I am a lawyer and a CPA, and I used to prosecute financial crimes.
Margin note: Licensed in Illinois. Admitted to the Illinois bar in 1987.
Below are three situations I can help with: a MATCH listing, a reserve that is not released, and fees that are not in your contract.
Placed on MATCH?
I can help you find out why, and what it takes to get off.
MATCH is a list Mastercard runs of merchants that acquirers have terminated for cause. Acquirers check it before they open a new account, so a listing can shut you out of card processing. A listing stays for five years, and only the acquirer that added you can change or remove it.
What I do:
- Get the reason for the listing, and the acquirer that made it, in writing.
- Compare that reason with what actually happened and with your contract.
- Where the listing is wrong, press for correction or removal. Where it is valid, work out what the acquirer needs to see to reconsider, and what to fix first.
Good to know. Removal is never guaranteed. Merchant agreements often require arbitration, with written notice before you can file, so timing matters.
Can’t get your reserve released?
Whether an ISO or an acquiring bank is holding your money, call me.
Processors hold part of your sales, or a lump sum, as a reserve against chargebacks. Holds often run 90 to 180 days, and many agreements keep a reserve for 180 days after you leave. Your agreement sets the amount, the schedule and the release date. The trouble starts when the date passes and the money doesn’t come back.
What I do:
- Find out who holds the money and under which agreement: the ISO, the acquiring bank, or both.
- Work out what should have been released, and when, from your reserve terms and your statements.
- Demand it in writing. If that fails, pursue it through negotiation, arbitration or court, whichever your agreement allows.
Good to know. Keep your balance statements, the termination notice and every message about the reserve. The dates matter.
Charged fees that weren’t in your contract?
Put the contract next to the statements.
Extra fees come in many forms: statement and PCI non-compliance fees, early-termination charges, markups on interchange, monthly minimums. If a charge doesn’t trace back to the agreement you signed, or to what you were told before you signed, you may be able to get it back.
What I do:
- Go through the contract and every monthly statement, line by line. As a CPA, I’m at home in the numbers.
- Add up what you were charged beyond the agreed terms, and over what period.
- Demand repayment and an end to the charges, and take it further if the processor refuses.
Good to know. Act quickly. Many agreements require you to challenge statement errors within a short window.
Why a lawyer who is also a CPA
I read the numbers.
I started in audit and tax at PricewaterhouseCoopers and Ernst & Young, and I have been a Certified Public Accountant in Illinois since 1983.
Margin note: Audit, tax and consulting, 1983 to 1988.
I have seen fraud from the prosecutor’s side.
I prosecuted financial crimes and governmental fraud for the Cook County State’s Attorney.
Margin note: Assistant state’s attorney, 1988 to 1990.
I know the bank side.
I have represented banks and other financial institutions on electronic funds transfers and settlement, and built anti-money-laundering and know-your-customer programs, so I know what compliance teams look at when they close an account or hold funds.
I have handled other people’s money and other people’s disputes.
As General Counsel and CFO of a Chicago title company I oversaw escrow accounts across more than $500M of closings, and I have tried and arbitrated commercial disputes.
Margin note: General Counsel and CFO, 2005 to 2011. See Schedule A.
Tell me what happened. Send me the notice you received, or call. I can help you find out where you stand and what your options are.
Call (630) 854-4558 Email me at fcarranza@frclaw.us Save contact LinkedIn
Sincerely,
Fernando R. Carranza, JD, CPA
Enclosures:Schedule A, experience, and Schedule B, background.
P.S.What to bring to the first call: your merchant processing agreement and any reserve or fee addenda; the termination, MATCH or reserve notice; the last twelve months of processing statements; and your messages with the ISO, processor or bank.