If I were to ask if your money is safer in a box on your back porch or in the bank, you would most likely say the bank and give me an eye roll.
Well, I would push back and say, no, your back porch is! Well, unless you have put in place what very few people and businesses know about. After all, I have never had anything stolen from my house, my yard, my car, etc. However, last month our company had money stolen out of our business bank account and get this, there was nothing we could do! Worse yet, we knew who did it, and even then, we would have to take them to court to get the money back. If they stole it off the porch, we could call the police. But with the bank, we would have to spend money to take them to court. Also, they know if they take around a thousand dollars or even two or three thousand, it costs more to get it back than just letting them keep it.
Ok, now you think this never happens. Wrong – according to our bank, it happens all the time!
As a business, you only have 24 hours to notify the bank that money was stolen from your account. On a personal account, you only have 60 days (these are new rules that went into effect back in 2021). After that, you have zero recourse other than suing the person or company that took the money.
It gets worse. Everyone knows about stolen identity. Well, these crooks are getting smarter and know that the easiest way to steal is by taking money out of bank accounts and then closing out the account and walking away. This means there is no way to go back and sue them because they don’t exist.
Yes, it does get even worse! You might be thinking, thank God no one has my banking account and routing number. Well, just look at your check number, and let’s say it is 5001. That means five thousand people have your bank account and routing number, and that does not include any business that you gave your ACH info to. Again, you may think a business won’t steal. First of all, I know that in our industry, most of our competition has a website, which gives many people a false sense of security. However, If you start looking for the ownership of that company, you may be surprised that not one owner is listed. Under the “about us” section, it’s just a made-up mission statement or some other little cute saying. They have a website today and will be gone tomorrow. But again, even if they are a real company, your only recourse is to sue them for money taken out of your bank account.
No worries, there is a happy ending or at least a somewhat happy ending. Like most businesses, we keep a fair amount in the bank to cover payroll, money owed to vendors, etc. After we were robbed and told we only had 24 hours to catch it, I asked my team to look for other options. There is no way this is ok, and there is no way the large global companies that bank millions would let themselves be vulnerable to this risk.
After finding no options, we went back to the bank, and they told us about a product they have called “Positive Pay.” Now, I am not promoting the bank or this product. Not at all! Yes, we signed up for it, but at gunpoint. They gave us two options.
People can steal your money, and we won’t do anything.
You can pay us to stop them by signing up for this service.
They are using our money for free; then they charge us to let them do that. Now, they want to charge us more to protect our money. So, does money in the bank imply it’s safe? That would be NO!!!
I guess I should not be surprised. After all, our firm audits credit card processors and banks for overbilling credit card processing fees, and the typical overbilling is about 40%. For large corporations, that adds up to over $10 million a year, and for even small companies, it is in the tens of thousands. So if they will do that, then this really shouldn’t surprise me. I guess I’m like our clients who say are you kidding me? They did what? I guess this also explains the skyscrapers, their yachts, private planes, etc.
For total transparency, I was a commercial bank executive for over a decade. Being a speaker and author, I get interviewed a fair amount, and I always say the same thing –
I got into banking to make my mother proud;
I got out of banking because I could no longer
tell my mother what I did.
Check with your bank and see what product or service they offer. Also, don’t forget to get your merchant processing fees audited. I have to wonder, what else are they doing to rob businesses blind?
In the beginning, the merchant didn’t think they even had a problem; they felt like they were getting a good deal.
The merchant was told by their association that the processor was vetted by them and came highly recommended.
The statements were very easy to read and were not full of useless data they couldn’t understand. They were short and sweet.
Audit Findings
The processor was bundling many of the fees, so while the merchant has a very simple statement to read, there was very little disclosure of fees and rates.
The processor was not disclosing the Discount Rate.
No Interchange Management – again due to lack of disclosure.
The processor was endorsed by the merchant’s association.
The endorsement did its job – it gave the merchant unchecked and unvalidated trust.
The processor was giving kickbacks, also known as revenue share, to the association for the endorsement (splitting the plunder, if you will).
The Processor Promises to Make Things Right
The processor apologized and agreed with the audit findings and said they would make things right.
The processor agreed to disclose all fees going forward.
The processor agreed to disclose the discount rate.
The processor agreed to 7 basis points to match the competitive bid acquired by weAudit.com.
Even though the processor said they would make things right, and agreed they should have charged a lower rate, with everything disclosed – they did not offer to give any of the overbilled money back.
Again, with the trust and deep apology of the processor, the merchant agreed to stay and let the processor make things right. However, with total trust and nothing vetted or validated by a third-party expert or an attorney that specializes in merchant processing contracts, things didn’t go as well as they were led to believe.
One Year Later
A year later the merchant calls us and is not happy. They said the processor fixed everything we told them about.
When they looked at the fees they paid over the past year, they paid over $7,000 more in fees and their processing volume was almost identical.
The problem is weAudit.com never worked with the processor. Nothing was ever negotiated, validated, and no agreements/contracts were ever submitted to our legal department. The merchant told us they knew their processor very well, and they agreed to fix everything – even though the processor had taken advantage of them for years. They still trusted them and took them at their word. The processor told the merchant not to waste more money by bringing in a third party. Again, giving them total trust.
The new agreement and statement shows a discount rate of 7 basis points as promised – so that looked good.
All the fees are disclosed as promised – that’s good.
However, a new fee is now on the statement. The processor made up a fee and named it very close to a real fee. The processor added a fee called“Network Acquired Fee” (see image below). The real fee is called “Visa Fixed Network Acquirer Fee”. Close, but they are not the same! The processor is hiding this made-up fee under “Assessments”. The Assessments section is where the processing networks (Visa, MC, Discover, and Amex) list their fees. This gives the illusion that the fee is coming from one of the processing networks. However, if you look at the image below you will see there is no Visa or MC etc. in front of the “Network Acquired Fee”. So while the processor has lowered the merchants discount rate to 7 basis points, the processor is adding on 5 basis points and making it look like it is an assessment. Now the rate is actually 12 basis points. However, how would the merchant know? What’s worse is, it gets worse!
The processor also added “Enhanced Billing”. Enhanced Billing is when the processor enhances the rate/fee. In other words, the processor was adding an extra surcharge to the actual interchange fee. It is very common because it is almost impossible to spot. In the image below, you can see the merchant had 17 transactions that settled as “MC COML DATA RATE 1 BUS”. When you do the math ($220 divided by $7,077) you will see the processor is charging the merchant 3.11% for those transactions. However, in the other image below is a snip-it of the interchange rate sheet that shows MasterCard only charges 2.65% for a Data Rate I transaction. This means the processor is “Enhancing” (surcharging) the interchange fees by 46 basis points.
Again, the merchant has a statement showing a discount rate of 7 basis points – everything is disclosed. However, the actual discount is 58 basis points (7 Discount Rate + 5 made up Network… + 46 Interchange Enhancement Fee). This is not even close to the 7 basis points the merchant thinks they are paying.
Again, the merchant never caught this until the end of the year when they compared their overall fees to the previous year overall fees. While their processing volumes were almost identical, it was at that point that they realized they paid over $7,000 more in processing fees. Had they processed way more or way less, they most likely never would have noticed the new hidden fees.compared their overall fees to the previous year overall fees. While their processing volumes were almost identical, it was at that point that they realized they paid over $7,000 more in processing fees. Had they processed way more or way less, they most likely never would have noticed the new hidden fees.compared their overall fees to the previous year overall fees. While their processing volumes were almost identical, it was at that point that they realized they paid over $7,000 more in processing fees. Had they processed way more or way less, they most likely never would have noticed the new hidden fees.
The processor promised they would help them. However, they actually raised their rates.
To make matters worse, the processor convinced them to sign a new agreement in order to lower their rates. The processor used this to lock them into a new 3-year agreement with early termination fees, as well as the Liquidated Damages clause that will cost the merchant over $10,000 in fees should they try to leave.
How Could This Happen?
It is estimated merchants are being overbilled over $100 billion a year in merchant fees. Those profits buy fame, brand recognition, endorsements, and trust! Even blind trust!
There is no regulation or government oversight – thus letting processors make up fees, hide fees and inflate fees.
The processor was able to convince the merchant they didn’t need a third party to validate or audit the fees they were paying. They should just trust them and the association, in short, give them blind trust!
The associations receive huge kick backs (revenue share) from processors, and the association never really thinks – “If the processor is giving our members the best deal, how can they also afford to give us so much money?” Also, even the best associations may be great at negotiating large purchases of ________ (fill in the blank). They are not experts in merchant processing, thus, they are leaving their members vulnerable.
The other major problem is thinking “I might be paying a little more, but I’m helping/supporting my association.”
The largest revenue share deal we have seen is 50%. So for every $100 the merchant gets overbilled, only $50 goes to support the association.
Most are closer to 10% revenue share. This means only $10 of every $100 the merchant is overbilled is actually supporting the association.
In the end – the processors are getting rich while the merchants, as well as the associations, are being taken advantage of.
Do you have “Risk Fees” on your credit card processing statement? No? Well, that’s good! You are lucky (make sure you keep reading if you do), but have you gotten an audit to ensure you don’t have one of the other hidden fees? Did you verify your statement to ensure that your credit card processing interchange fees are not being inflated? Due to the lack of regulation, credit card processors can inflate fees, makeup fees, etc. Over 95% of all merchants are getting overbilled. The worst part is that merchants give credit card processors 100% full access to their business bank account and never validate the fees they take out. They think merchant processing is regulated.
Below is what Senator Dick Durbin said on the Senate Floor on September 27, 2011:
“We also know the current interchange system is unregulated and uncompetitive.”
“The current interchange system, the one that needs to be reformed, is a price-fixing scheme, period!”
The government knows that credit card processors are taking advantage of merchants, but they refuse to intervene. There have been many class action lawsuits where credit card processors have settled. Yet, most merchants still give them full unchecked access to their business bank accounts. We find that the average merchant is getting overbilled by 40% or more. Think about that – for every $10,000 credit card processors are taking out of your bank account, it should only be closer to $6,000.
Back to one of many ways processors over-bill merchants is a thing they call “RISK FEES.”
I could go into a lot of detail on this, but much of it would be lost on most readers due to the abundance of industry jargon. People who work for a credit card processor are like politicians in training. Ask them why something was taken out of your bank account, and they will talk and talk and talk until you are sorry you asked and probably forgot what you asked.
So here is the short answer – we have only seen one credit card processor and a few ISO’s (Independent Sales Organizations) who resell credit card processing charge a “RISK FEE.” So the question is if this is a legitimate fee, why isn’t every credit card processor and ISO charging a “RISK FEE”?
We have seen “RISK FEES” as high as almost 1% – that’s almost 100 basis points. To put this into perspective, a merchant should be paying a credit card processor a “Discount Rate” of only 5 basis points (.05% or .005) or less. But if you factor in a 1% RISK FEE, your true “Discount Rate is now 105 basis points or 1.05%
Again, “RISK FEES” are just one way a credit card processor can overbill a merchant. I wish credit card processors spent their money on how to make credit card processing safer and cut down fraud, but it seems like they spend all their time on how to come up with new and creative ways to hide and inflate fees.
Whether you have “RISK FEES” or not, you should take advantage of getting a free audit to see if you are getting overbilled and if your statement is full of hidden, inflated, and made-up fees.
I know when someone says FREE, you automatically say what’s the catch?
The catch is like when the big box grocers give you the free cookie in hopes you will want to buy the whole bag once you see how good it is. We hope after you see for free what we can do, that you will want to use our paid services. But to be clear, there is no credit card or anything to try us out. Like the free cookie, if you don’t like it, you are free to keep walking.
But also, to be transparent, over 99% of our clients stay with us. Even our very first client from over 14 years ago still loves us today as much as they did 14 years ago.