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Law360, London (May 27, 2020, 4:55 PM BST) -- Nearly two dozen companies have launched lawsuits in London against payment processor Worldpay and its affiliates to recoup some $5.4 million in security deposits allegedly held but not returned after their business partnership ended.
In two separate lawsuits filed with the High Court in April, the companies accused Worldpay (UK) Ltd. and two affiliates of holding onto their money well after their business relationships were terminated.
The companies, which are based in countries including Ireland, Cyprus, the U.S. and England, claimed that Worldpay stopped working for them in April and July 2019 — one date for each lawsuit — but has not complied with requests to return security deposits.
Worldpay processes online transactions between companies and their clients, and the deposits were designed to ensure the businesses fulfilled their end of the bargain, according to a claim form.
Lawyers for some of the businesses said that, under the terms of their clients' merchant contracts, "Worldpay is required to remit to each merchant all unremitted settlement funds that it holds for the account of that merchant." The company's alleged failure to do so "is a breach of the settlement and remittance clauses," the attorneys say.
The claimants described themselves as companies "engaged in the sale of goods via the internet." Of the British entities, most listed their business as "advertising agencies" on public records. Efforts to reach them were not successful on Wednesday.
The companies allege that, between 2013 and 2018, they signed merchant agreements for Worldpay to run card transactions, and agreed to put up cash to be held by the payment processor to ensure they completed their obligations to customers, according to the lawsuits.
An implied term under the contracts required Worldpay to return the money afterward "within a reasonable time," according to the particulars of the claim in one lawsuit. Worldpay could otherwise retain the security indefinitely and "beyond the point when the purpose of that security has been exhausted."
"Such a result would be contrary to business common sense," the lawsuit states.
After Worldpay initially wrote that it was ending its business with nearly a dozen of the companies in late 2018, the date was pushed back until July 2019 to allow the merchants to make refunds to their customers, according to the lawsuit. Merchants were not allowed during that time to submit other transactions, except for refunds, according to the claim.
The companies say a Worldpay representative first asked for the money to be returned in August 2019.
In the case led by a company called Firefly Trading, each of the claimants say they are owed hundreds of thousands of dollars on average, with some out of pocket for as little as $153,000, and others owed more than $791,000.
Worldpay did not immediately respond to a request for comment on Wednesday.
Firefly Trading and the companies that are part of that lawsuit are represented by Reed Smith LLP.
In the lawsuit led by Python Media Ltd., the companies are represented by Irwin Mitchell LLP.
In both cases, Worldpay is represented by Dentons UK & Middle East LLP.
The cases are Python Media Ltd. and others v. Worldpay (UK) Ltd. and others, case numbers CL-2020-000238, in the High Court of Justice of England and Wales, and Firefly Trading International Ltd. and others v. Worldpay (UK) Ltd. and others, case number CL-2020-000255, in the High Court of Justice of England and Wales.
--Editing by Ed Harris.
Read more at: https://www.law360.com/articles/1270837/merchants-sue-worldpay-to-recoup-5m-in-security-deposits?copied=1