A class action lawsuit claims North American Bancard LLC, which sells mobile credit card readers under the name “PayAnywhere,” falsely advertises the sale of this product as being “free, with no setup fees, monthly fees, or other hidden fees.”
Plaintiff Gerald McGhee of California accuses the company of fraudulent business practices such as intentional misrepresentation, unjust enrichment, and a breach of good faith and fair dealing.
McGhee says that in exchange for using the PayAnywhere product, he agreed that the defendant would get “a set percentage of transactions processed through the card reader.”
However, after McGhee purchased a card reader from NAB in November 2014, to process sales from a business that he owned, the defendant started “deducting fees from plaintiff’s bank account.” Moreover, McGhee says he contacted the defendant in an “effort to stop the charges and obtain a refund… the charges did not stop, however, and defendant continued to charge plaintiff monthly for several months thereafter.” This allegedly occurred even when the defendant vocalized that the charges would stop.
McGhee alleges that NAB’s website directly links to PayAnywhere.com where it continually states that its products have “no setup, monthly, or hidden fees” and that the user pays “just [a set percent] per swipe.” The plaintiff says that even after never using the card reader, the defendant still deducted monthly charges from the plaintiffs’ account from December 2015 to April 2016.
The plaintiff files this class action lawsuit individually and on behalf of all those similarly situated. He has reason to believe that the Class is comprised of more than 100 persons and that the “complaint exceeds the sum or value of $5,000,000.”
North American Bancard is headquartered in Michigan and was launched in 2011. According to its website, there are more than 250,000 customers across the nation and they process more than $34 billion every year.
McGhee says NAB is in violation of: 1) Negligent misrepresentation, 2) Fraudulent Concealment, 3) Intentional Misrepresentation, 4) Breach of the Implied Covenant of Good Faith and Fair Dealing, 5) Unjust Enrichment, 6) California’s Unfair Competition Law, and 7) California’s False Advertising Law.
The plaintiff seeks relief individually and behalf of all those suffering similar damages. McGhee further seek restitution “of all funds unlawfully acquired by defendant by means of any acts or practices declared by this court to violate the mandates established by California’s UCL and FAL.”
The plaintiff also wants an injunction that would stop the defendant from further dealing in such fraudulent practices and to mandate an immediate notice to all persons having suffered from the unfair business practices to then seek relief and restitution accordingly.
McGhee is represented by Craig M. Nicholas, Alex Tomasevic and Shaun Markley of Nicholas & Tomasevic LLP, and Eric A. LaGuardia of LaGuardia Law.
The PayAnywhere Monthly Fees Class Action Lawsuit is Gerald McGhee v. North American Bancard LLC, Case No. 3:17-cv-00586, in the U.S. District Court for the Southern District of California.
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11 thoughts onPayAnywhere Class Action Challenges Monthly Credit Card Reader Fees
Yes I have been wronged by this company payanywhere,
I was all set up for transactions even did a test transaction to make sure charges went through and went to my bank acct. Then when I did my first transaction it was put on hold and I did another transaction a few days later and it was also put on hold so a total money they are holding from me is $5100 which has ruin my company financially, without having any chargebacks or disputes it’s been 6 months now and they won’t release my funds even though they talked to the customer and verified my services were done to their satisfaction. There are so many with the same problem we need help ASAP !
I am having the same with this company. Seems to be a.scam and I am getting the run around. I changed banks because I changed where I work. I tried updating my account info but It took a while for them to finally let me know I had to submit new documents in order to edit my bank info. I finally got those things submitted and was told it would take 3days to update so I could use the card reading service. Now they are.saying 15 days. Several of my deposits are being held and I am trying to get them to release to my new banking account. Now they are telling me I have.to call collections department because I owe THEM money…..???? How do I get them to release my deposits?
Same thing happened to me, when they asked for the third set of documents I canceled before the thirty days .They said I would get an email about sending back the equipment, instead I received an email of possible fees even though it was before 30 days. Now I have to close my bank account or have it changed so I am not falsely charged and hope this does not affect my credit. When I first looked them up they had the highest rating. Now I see all complaints and that it is fraudulent.
I have had a terrible experience with this company. There is North American Bangard, Pay Anywhere and Sekure Merchant Solutions. They are all associated with the Payanywhere ap.I was told that I would save money compared to square and I could use both payments methods. I was not told that there was a monthly fee. Also the ap is not compatible with my tablet. When I signed up I was assigned an agent named Angela St. Pierre. Her contact is 1866 710 7384 ext. 670 I was told there was a mobile reader sent to me and I should expect it in a few days. After a few weeks I still did not receive it. I called the agent. She left a voicemail telling me the device was still being manufactured and she did not know when it would be in stock. Angela left a voicemail telling me she no linger had my file and I would have to contact customer service with my complaints. Shge did not leave a contact number for them and will not return my calls or emails.
They took a payment for a job I secured held the funds for over a week the client didn’t believe me that pay anywhere was holding the funds and I wasn’t able to buy materials to start the job I lost the $12,000 job and was informed I would never work with this client again starting a business and building a good reputation is hard enough without a large company steeling my money and credibility
My business is going the same situation with North America Bank Card/Payanywhere. Their agreement and their advertisement doesn’t connect. My agreement with the company is expired and they are still charging me for monthly fees. Add me too! I’m having an attorney friend view their agreement now.
Hi i got myself into the same situation with NA bancard (sekure merchant). They using different name all the time. Please add me if you guys have a pending lawsuit again them
Our buisness has suffered from bancard under the sekure merchant advertising. Three times they have inappropriately taken money from our account without timely replacement.
Add me
I too have been overcharged by north american bank card I would like to know how to file a complaint
Hello. I have also been affected with the PayAnywhere monthly fees. I would like to know on how to file for this too.