Legal Question in Credit and Debt Law in Washington

Merchant Account used by Merchant Account Provider

I signed up for a Merchant Accout with Innovative Merchant Solutions an Intuit Company. I had the account for a short time without using it and all at once I started to receive activity through my bank on this account. It seems that one of their programers had assigned my merchant number to another client and everything was being processed through my bank account. My question is: Did Innovative Merchant Solutions break any laws by putting me in this position? I have eventually recovered all the monies taken from my account. I am in Washington State and they are in California.


Asked on 2/20/07, 4:12 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Merchant Account used by Merchant Account Provider

Negligence isn't necessarily illegal but it can certainly be unlawful.

Sounds as though they were negligent in their supervision of their employee.

To prove negligence you have to show a duty, a breach of that duty, proximate causeation and damages.

Were you damaged? Is it possible they could argue that they all ready made you whole (undid the damage done)?

ANyway, that's the way a lawyer analyses the issues involved here.

if this has cost you grief or damaged your credit, then you might want to pursue the issue.

If they do business in WA, you can sue them here or where they are based in CA.

Hope this helps. Powell

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Answered on 2/20/07, 5:00 pm


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