Yet another processor is in the line of fire of a class action lawsuit. Both EVO Merchant Services and EVO Payments International are the subjects of this newly filed suit by Atlanta-based law firm Webb, Klase & Lemond, LLC. The suite alleges that EVO maintains a policy of overbilling merchants. This is why it’s important to look for a honest merchant service provider that does not lock you into a contract. This practice of promoting low teaser rates that go up quickly is unfortunately not an uncommon practice.
EVO is the world’s largest privately owned payment processor, with over 500,000 merchant customers. The suits allege that EVO represents to merchants that it will only charge the payment processing fees and rates prominently disclosed in the Merchant Application but that, after merchants sign up and the parties begin to do business, EVO imposes new fees and increases the agreed-upon rates. The suits allege that these overcharges are effectively hidden in monthly statements.
According to the complaint, EVO has allegedly advertised low payment processing fees despite knowing that the actual fees would be much higher, concealing important portions of the contract from merchants, and imposing fees that were much higher than those disclosed. Several specific fees, such as “PCI” fees and “IRS Reporting” fees, are alleged to be imposed by EVO in an automated fashion, without regard to the agreed-upon rate structure.
The plaintiffs seek the return of all amounts they paid EVO that exceed the rate schedules set forth in their merchant applications.The cases, styled New Beginnings v. EVO Payments International, LLC, et al. and Central Florida Liquidation and Sales v. EVO Payments International, LLC, et al., are pending in the United States District Court for the Eastern District of New York and have been assigned case numbers 17-cv-3650 and 17-cv-4507, respectively.
If you wish to discuss these actions or have any questions concerning this press release, please contact Webb, Klase & Lemond, LLC at (770) 444-9325 or contact(at)WebbLLC.com.