PSW Files Antitrust Suit Against Credit Card Firms

CRANSTON, R.I. — A defunct online credit-card processor Monday filed suit against MasterCard and Visa, claiming the companies broke state and federal antitrust laws.

The suit by PSW Billing names the two major cards, as well as First Financial Bank and First Data Merchant Services, claiming that it was forced to pay higher prices for network services, pay excessive fees, fines and penalties, and comply with unknown, continuously changing and commercially unreasonable rules.

PSW Inc., as a consequence, says the defendants usurped most of its profits and forced it out of business. The suit asks for $240 million in damages.

“As PSW’s case illustrates, MasterCard and Visa have not changed their ways,” attorney Richard A. Sinapi, who represents PSW, told XBiz.

Sinapi said Monday’s filing in U.S. District Court follows a $3.5 billion settlement against MasterCard and Visa in an antitrust suit filed by Wal-Mart.

“The story will not change until either the Justice Department seeks and obtains appropriate injunctive relied to reign in such conduct or some judge or jury issues an award of punitive damages in an amount sufficient to make MasterCard and Visa sit up and take notice,” Sinapi said. “Until then, small businesses like PSW and the average consumer will suffer."

Specifically, PSW says the companies engaged in horizontal concerted refusals to deal, price-fixing, geographic market divisions, and price discrimination.

The 12-count complaint also alleges claims for interference with contractual relations, breach of the covenant of good faith and fair dealing, conversion, embezzlement and breach of contract.

Calls to Visa and MasterCard were not returned to XBiz by posting time.

Cranston, R.I.-based PSW closed shop in October, saying that "due to circumstances beyond our control, PSW Billing has been forced to cease processing."

PSW opened for business in 1996 and at one time had four offices located in Michigan, Virginia, Rhode Island and Florida. Much of its business was international, owner and CEO John Lombardi told XBiz.

But the payment processor struggled after Visa and MasterCard announced new chargeback ratio policies last year.

Lombardi said that the companies held back more than $1.6 million for chargebacks.

The suit said that the credit-card companies continuously increased individual chargebacks, from $25 to $100, and fines per month, from $25,000 to $100,000. It also said the companies continued to holdback ever-increasing sums from payments due PSW.

PSW played the role of "aggregator" or middleman, between website clients and First Financial Bank, which acquired or accepted payments from consumer credit cards. The role of defendant First Data Merchant Services was to assist First Financial with the processing of credit card transactions.

"Knowing that this lawsuit is coming, it is obvious at this point that they are holding these funds as 'leverage,' although I could probably use a stronger word to describe this tactic," Lombardi said. “I will fight this to the bitter end.

“I don’t see how the credit-card companies can live with their terms, and I don’t know why there hasn’t been more of a stink.”

The complaint filed is PSW Inc. vs. Visa U.S.A., Mastercard International, First Financial Bank and First Data Merchant Services Corp, No. 04-347-T.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Hentaied Founder Romero 'Mr. Alien' on Fetish, Fantasy and Finding Order in Chaos

A sharp sting pierces the woman’s skin. Something foreign slips beneath the surface. Eggs, maybe. She doesn’t know it yet, but soon her body will become a vessel, a hive, a source of contamination.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

The Guardian Devotes Feature Article to XBIZ Amsterdam

British newspaper The Guardian sent a reporter to cover XBIZ Amsterdam earlier this month, resulting in a lengthy article about the annual European adult industry conference.

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Show More