Point & Pay Misstatement of Processing Fees Florida Class Action

Point & Pay is a “funds transmission service and bill payment processing company” which has more than 1,500 clients, including governments, utilities, and courts. However, the complaint for this class action allege that the company and its clients “misrepresent, conceal, and misstate processing fees” to consumers, so that they end up paying more than they expect for paying their bills there.

Point & Pay allows companies to provide an online payment option for consumers to pay everything from water bills to insurance premiums. One such client is the City of St. Cloud, Florida. Point & Pay builds custom payment websites for these clients, “configured to collect all necessary customer information and designed to match clients’ existing websites.”

Point & Pay processes check, credit card, and debit card payments, for a fee. The bill payments are then transmitted to the clients, and Point & Pay keeps the processing fees.

The complaint alleges that Point & Pay provides its clients with information about its services and processing fees with the knowledge and intent that said information will be publicly advertised to individual consumers” who will use the site to pay bills.

Unfortunately, the complaint alleges that “Point & Pay, individually and by and through its clients, misrepresent, conceal, and misstate processing fees to individual consumers because [Point & Pay] charges consumers like [plaintiff David Cross] more than the advertised fees…”

The complaint alleges that both the company and its clients are responsible for the false information and/or overcharges to consumers. The complaint claims, “The actions of [Point & Pay’s] clients in advertising [Point & Pay’s] services and charges are within the actual or apparent authority of the clients and are binding on the agent’s principal—[Point & Pay]—regardless of whether the principal had knowledge of the agent’s actions.” Also, the complaint calls Point & Pay “vicariously liable for the acts of its clients…”

Plaintiff David Cross made online payments for St. Cloud utility services, on May 31, 2016 and November 11, 2016. These payments were processed by Point & Pay. At the time, the processing fee was advertised to consumers like Cross as being “$1.50 per $50.00.”

For example, his amount for payment in May 2016 was $189.77. The complaint says, “Rather than charging $5.69 (if prorated) or $4.50 (if increments), [Point & Pay] charged a processing fee of $6.00.”

The complaint alleges breach of contract, unjust enrichment, and violation of the Florida Deceptive and Unfair Trade Practices Act.

The class for this action is all Florida residents who paid money to Point & Pay via debit or credit card where Point & Pay provided bill payment services in exchange for “$___ (paid to Point & Pay) per $___ (paid to client)” during the applicable statute of limitations period before the filing of the complaint to the date of certification of the class.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Point & Pay Misstatement of Processing Fees Florida Complaint

July 6, 2020

Point & Pay is a “funds transmission service and bill payment processing company” which has more than 1,500 clients, including governments, utilities, and courts. However, the complaint for this class action allege that the company and its clients “misrepresent, conceal, and misstate processing fees” to consumers, so that they end up paying more than they expect for paying their bills there.

Point & Pay Misstatement of Processing Fees Florida Complaint

Case Event History

Point & Pay Misstatement of Processing Fees Florida Complaint

July 6, 2020

Point & Pay is a “funds transmission service and bill payment processing company” which has more than 1,500 clients, including governments, utilities, and courts. However, the complaint for this class action allege that the company and its clients “misrepresent, conceal, and misstate processing fees” to consumers, so that they end up paying more than they expect for paying their bills there.

Point & Pay Misstatement of Processing Fees Florida Complaint
Tags: Additional charges in breach of contract, Excessive Fees, Unfair Business Practices