IPPay has been in the process of switching one of our sponsor bank 
relationships away from Merrick Bank to Wells Fargo.  On Friday May 31, we 
ported one of our BINs, which contains a portion of our merchant portfolio, to 
Wells Fargo.  Without notification to us or authorization by us, Merrick Bank 
deducted monies from our merchant portfolio on May 31st and withheld funding.  
On Monday June 3, we discovered this and immediate legal action was taken in 
the form of a Motion for a Temporary Restraining Order and Preliminary 
Injunction seeking an order of the Court to

(1) Restrain and enjoin Merrick Bank, together with any and all others acting 
in concert with Merrick Bank, from making any deductions from our merchant 
clients' accounts

(2) Ordering Merrick Bank to reverse the ACH file processed on May 31st with 
erroneous fees and process the legitimate correct ACH file submitted to Merrick 
on May 30th

(3) Ordering Merrick Bank to immediately re-pay all amounts debited erroneously 
from our merchant clients' accounts

Our legal representation is currently scheduled to appear before the judge on 
Monday, June 10 to resolve this matter with Merrick. To more quickly correct 
this for our customers, we have spent the last couple of days calculating and 
balancing out the funding discrepancies created by Merrick on May 31, and late 
yesterday sent funds via ACH to mitigate any potential disruption to our 
customers.  All misappropriated money is on its way to our customers.  Rest 
assured that we will shield our customers from this and ensure that this has no 
permanent effect on our customers.

Our support group has been responding to customer inquiries and may be 
contacted via e-mail at  [email protected]<mailto:[email protected]> or via 
phone at 847-346-0990.

Sincerely,
IPPay


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