Anne Bucher  |  August 8, 2017

Category: Closed Class Actions

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This settlement is closed!

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A settlement has been proposed in a class action lawsuit alleging Mercury Payment Systems LLC (now known as Vantiv Integrated Payments LLC) and Global Payments Direct Inc. overcharged merchants for processing payment card transactions and added unauthorized fees.

If you contracted with Mercury Payment Systems for payment card processing services, you may be entitled to compensation from the class action settlement.

“Unknown to Plaintiffs, Mercury (with the knowledge and assistance of Global) has for years carried out a widespread and systemic fraud on its customers,” the Mercury Payment Systems class action lawsuit alleged.

According to the payment card processing class action lawsuit, Mercury and Global marked up interchange fees that were owed to banks, Visa and MasterCard, and also charged fees that were not authorized in the contracts. These practices were allegedly implemented without notice to merchants and resulted in merchants being overcharged for payment card processing services.

The plaintiffs claimed that the defendants reaped “tens or hundreds of millions of dollars in ill-gotten gains as a result of these improper charges.

The Mercury Payment Systems class action lawsuit asserted claims against the defendants for breach of contract, fraud, unjust enrichment, and violation of state and federal RICO statutes.

Mercury and Global deny they overcharged merchants, but have agreed to settle the class action lawsuit to avoid the burden and expense of ongoing litigation. Mercury will reportedly pay $52 million to resolve the payment card processing fee class action lawsuit.

Class Members who would like to opt out of or object to the Mercury Payment Systems settlement must do so no later than Aug. 14, 2017.

Who’s Eligible

Class Members of the Mercury Payment Systems settlement include anyone who:

  • Contracted with or through Mercury, or was referred by Mercury to Global, to receive payment processing services from Oct. 9, 2009 through May 16, 2017; and
  • Was charged a card association access fee exceeding the amount of published fees at the date of the charge and/or was charged an interchange rate exceeding published interchanged rates if the contract indicated fees and rates would be passed through at cost; or
  • Was charged any of the following fees: Regulatory Fee; Data Security Fee; PCI Fee; Monthly Maintenance Fee; Batch Fee; Statement Fee; Annual Fee; Association Card Accept & License Fee; or MSA Breach Only Fee.

Under the terms of the class action settlement, customers who were contracted with or through Mercury to receive payment processing services as of May 16, 2017 are considered Current Customers. All other Class Members are considered Former Customers.

Potential Award

Varies, depending on the total number of claims filed and the total number of Current Customers who select the credit option.

The estimated payment each Class Member is expected to receive is listed on the email or postcard that they should have received about the Mercury Payment Systems settlement.

Current Customers who choose the credit option will receive a credit equal to twice the amount of their estimated cash payment. The products and services available for those who choose the credit options include: StoreCard, OmniShield Assure, Fast Access Funding, Vantiv BizShield, and Vantiv Insights.

Proof of Purchase

N/A

Claim Form Deadline

10/13/2017

NOTE: Current customers will automatically receive a cash payment via electronic funds transfer unless they submit a request to take the Credit Option by Oct. 13, 2017.

Case Name

Champs Sports Bar & Grill Co., et al. v. Mercury Payment Systems LLC and Global Payments Direct Inc., Case No. 1:16-cv-00012-MHC, in the U.S. District Court for the Northern District of Georgia

Final Hearing

8/29/2017

Settlement Website
Claims Administrator

MPS Processing Settlement
Epiq Systems Inc., Settlement Administrator
P.O. Box 4259
Portland, OR 97208-4259
1-888-733-0353
info@MPSProcessingSettlement.com

Class Counsel

David Buckner
BUCKNER + MILES

Ken Canfield
DOFFERMYRE SHIELDS CANFIELD & KNOWLES LLC

Adam Levitt
DICELLO LEVITT & CASEY LLC

E. Adam Webb
WEBB KLASE & LEMOND LLC

Defense Counsel

David D. Pope
Gregory J. Phillips
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP

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One thought on Mercury Payment Systems Overcharge Class Action Settlement

  1. Katrina walker says:

    I opened a mercy accounts last month. And I paid them 843.63, that should have given me a zero balance. So imagine my shock when I received my second statement with a new balance of 1,300. The statement showed no payment of 843.63 made to them. Instead it showed that u made two payments to them for 843.63 on 3/121 and on 3/4/21 they say my bank reversed one of the payments. Ok I didn’t pay them anything on the 1 I paid them on 3//21 and I paid them with my ATM card. . My bank shows nothing about a reversed payment or any payments , beside the one I made on 3/4. So I called them because it looks like they are still trying to charge me for some of last months bill if not all of it. And at first they told me they didn’t receive my payment . And that I needed to get with my bank. After I talked to my bank and had proof of the transaction . Mercy changed their tune. All of a sudden they got my payment and that after I made the 843.63 payment there still was a balance of 3hunderd and some dollars I owed. Now this is where it gets weird. The balance is the same as the balance I owed on last month. The reason I paid 843.63 is because I was told by a customer service representative that if I wanted it completely paid in full for March then that was the actual total. So now I’m being told that my balance last month was not only 3and something plus the 500 extra making it 843.63. But I also still owed another 3hundered and something. It shows I was also charged for having a balance . U can understand their statements. And I was trying to help my credit by getting this card and making full payments on time. Now I’m over my head with them. And can’t get them to see this isn’t adding up. They keep telling me I’m just using the card to much. I don’t no how I could pay them almost 9 hundred dollars one month and by the 1 of April I owe them one thousand 3 hundred dollars already. I don’t think they subtracted my payment at all. I can’t understand their statements and it does not show where they took my payment out. And customer service is not helping

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